P. v. Aloyian
Filed 8/9/06 P. v. Aloyian CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. LANCE MICHAEL ALOYIAN, Defendant and Appellant. | E038137 (Super.Ct.No. FVI020741) OPINION |
APPEAL from the Superior Court of San Bernardino County. David Cohn, Judge. Affirmed in part and reversed in part with directions.
Debbie P. Kirkpatrick, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil Gonzalez, Supervising Deputy Attorney General, and Garrett Beaumont, Deputy Attorney General, for Plaintiff and Respondent.
In this appeal, defendant Lance Michael Aloyian contends:
1. There was insufficient evidence to support the one-year prior prison term enhancement allegation.2. In sentencing defendant to the upper term on some counts, the trial court violated Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely).
We agree with defendant's first contention. Hence, we will remand with directions to hold a limited new trial on the enhancement allegation. We disagree with defendant's second contention.
Defendant has also filed a petition for writ of habeas corpus. We have considered the writ petition with the appeal for the purpose of determining whether an order to show cause should issue. The two proceedings, however, have not been consolidated. We have ruled on the petition by separate order.
I
FACTUAL AND PROCEDURAL BACKGROUND
On January 18, 2005, in a parole search of a shed behind defendant's home, the police found a handgun, seven bullets, two glass narcotics pipes, and a hypodermic needle. They also found a letter to defendant and defendant's state inmate identification card nearby. According to defendant's mother, defendant used the shed to work on cars and motorcycles.
On January 19, 2005, the police spotted defendant driving his truck and stopped him. When told he was being arrested for the gun in the shed, he said, â€
