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P. v. Iskandaryan CA2/1

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P. v. Iskandaryan CA2/1
By
02:19:2018

Filed 1/4/18 P. v. Iskandaryan CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE


THE PEOPLE,

Plaintiff and Respondent,

v.

DANIYEL ISKANDARYAN

Defendant and Appellant.
B280188

(Los Angeles County
Super. Ct. No. GA098345)

APPEAL from a judgment of the Superior Court of Los Angeles County, Suzette Clover, Judge. Affirmed.
Tracy L. Emblem, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
____________________________




On March 8, 2016, Daniyel Iskandaryan, who was on probation in five separate misdemeanor cases, entered a Ralphs grocery store in Glendale, California and took a $25.99 bottle of vodka from a shelf, secreted it in his sweatshirt, and made to leave the store without paying. Rachelle Maudlin, the store manager, confronted him and asked that he return the bottle but Iskandaryan declined to do so, and instead became loud, called Maudlin names, and puffed out his chest. Maudlin felt intimidated due to Iskandaryan’s size.
Iskandaryan was charged with robbery (Pen. Code, § 211), and it was alleged he had suffered a prior “strike” conviction for burglary, a serious felony (Pen. Code, §§ 667, subd. (d), 1170). At trial, he admitted taking the vodka but denied threatening Maudlin. He moved to dismiss the strike allegation, contending it was stale and non-probative.
The jury found Iskandaryan guilty of one count of second degree robbery. The court denied his motion to dismiss the strike allegation, found the allegation true, and sentenced him to nine years in prison, comprising the lower term of two years, doubled because of the strike, plus five years for the prior serious felony. (Pen. Code, §§ 213, subd. (a)(2), 667, subd. (e)(1), 1170.12, subd. (c)(1).) He was ordered to pay restitution and various assessments and was given 546 days of custody credit.
Iskandaryan timely appealed.
We appointed counsel to represent Iskandaryan on appeal, and after examination of the record counsel filed an opening brief raising no issues and asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436.) On July 20, 2017, we sent letters to Iskandaryan and appointed counsel, directing counsel to forward the appellate record to Iskandaryan and advising him that within 30 days he could personally submit any contentions or issues that he wished us to consider. We received no response.
We have examined the entire record and find no arguable issue exists. We are therefore satisfied that Iskandaryan’s attorney complied with her responsibilities. (People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.



CHANEY, J.

We concur:



ROTHSCHILD, P. J.



JOHNSON, J.




Description On March 8, 2016, Daniyel Iskandaryan, who was on probation in five separate misdemeanor cases, entered a Ralphs grocery store in Glendale, California and took a $25.99 bottle of vodka from a shelf, secreted it in his sweatshirt, and made to leave the store without paying. Rachelle Maudlin, the store manager, confronted him and asked that he return the bottle but Iskandaryan declined to do so, and instead became loud, called Maudlin names, and puffed out his chest. Iskandaryan was charged with robbery (Pen. Code, § 211), and it was alleged he had suffered a prior “strike” conviction for burglary, a serious felony (Pen. Code, §§ 667, subd. (d), 1170).
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