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THE PEOPLE v. DENNY SARKIS HAZARABEDIAN

November 29, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DENNY SARKIS HAZARABEDIAN, DEFENDANT AND APPELLANT.



The opinion of the court was delivered by: Haerle, Acting P.J.

P. v. Hazarabedian

CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

I. INTRODUCTION

In November 2008, appellant was on probation for a five-year term ending in 2011, having been convicted in 2006, after pleas of no contest, of seven felony counts in two separate cases. That same month, the Contra Costa County District Attorney's office filed a motion to revoke appellant's probation because of the discovery, during a probationary search, of many boxes of ammunition in a safe in his home. After a hearing at which appellant testified, the trial court found that he had violated the terms of his probation. The court revoked appellant's probation, but then reinstated it on condition that he serve a jail term of 90 days. Appellant appeals from this order, but we find it both supported by a preponderance of the evidence and not an abuse of discretion; we thus affirm the order.

II. FACTUAL AND PROCEDURAL BACKGROUND

On June 20, 2005, the Contra Costa County District Attorney's Office filed an 18-count information against appellant. Sixteen of the 18 counts alleged violations of Penal Code section 12280, subdivision (b),*fn1 i.e., charging possession of an assault weapon. The other two counts charged violations of section 12312, possession of ingredients to make an explosive device (count 1) and section 12020, subdivision (a)(1), possession of a deadly weapon (count 18).

On July 12, 2006, a second separate information was filed charging appellant with seven felony counts, all of them charging violations of section 288, subdivision (c)(1), i.e., committing lewd acts upon a child (allegedly a boy) aged 14 or 15.

On December 7, 2006, appellant entered pleas of no contest to five counts of violating section 12280, subdivision (b), i.e., the charges contained in the first information filed against him, and two counts of lewd conduct with a child under section 288, subdivision (c)(1), i.e., the counts charged in the 2006 information. Pursuant to those pleas, the court convicted appellant on all seven counts and placed him on probation for a term of five (5) years. He was also given credit for 248 days of jail time, having already served 507 days.

On October 23, 2008, Walnut Creek Police Department officers conducted a probationary search of appellant's home. In a safe located in a spare bedroom of that home, they found five boxes of 5.56 millimeter ammunition in a red duffel bag and more similar ammunition located on another shelf in the same safe.

On November 4, 2008, the Contra Costa District Attorney's Office filed a petition to revoke appellant's probation. That petition alleged that appellant had violated the probationary term which required him to obey all laws by, specifically, possessing this ammunition in violation of section 12316, subdivision (b)(1).

A probation revocation hearing commenced on February 6, 2009,*fn2 continued on March 6 and 27, and concluded on March 30. At its conclusion the trial court found that appellant had violated a term of his probation; it revoked that probation, but ...


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