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P. v. Ahmed

P. v. Ahmed
02:21:2013






P






P. v. Ahmed















Filed 2/13/13
P. v. Ahmed CA4/1

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.





COURT
OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION
ONE



STATE
OF CALIFORNIA






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THE PEOPLE,



Plaintiff and Respondent,



v.



ABDIRISAQ AHMED,



Defendant and Appellant.




D062509







(Super. Ct. No. SCE310084)




APPEAL from
a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Allan J. Preckel, Judge.
Affirmed with directions.



On April 3,
2011, Abdirisaq Ahmed engaged in acts of sexual intercourse and oral copulation
with the victim against her will and by means of force. In 2012, Ahmed entered a negotiated guilty
plea to forcible rape (Pen. Code,
§ 261, subd. (a)(2)) and forcible oral copulation (Pen. Code, § 288a,
subd. (c)(2)(A)). The court sentenced
him to a stipulated five-year prison term:
the three-year lower term for forcible rape and two years (one-third the
middle term) for forcible oral copulation.
The court imposed a $2,305.50 restitution fine in favor of the City of
La Mesa, for which Ahmed and his codefendants were joint and severally
liable. The abstract of judgment does
not reflect joint and several liability.
Ahmed appeals, contending the abstract of judgment must be amended to
reflect joint and several liability.
Respondent properly concedes the point.
We order the abstract of judgment corrected.

DISPOSITION

The
judgment is affirmed. The trial court is
directed to correct the abstract of judgment to reflect joint and several
liability for the $2,305.50 restitution fine in favor of the City of La Mesa
and to forward the corrected abstract of judgment to the href="http://www.fearnotlaw.com/">Department of Corrections and Rehabilitation.






O'ROURKE, J.



WE CONCUR:







BENKE, Acting P. J.







IRION, J.







Description
On April 3, 2011, Abdirisaq Ahmed engaged in acts of sexual intercourse and oral copulation with the victim against her will and by means of force. In 2012, Ahmed entered a negotiated guilty plea to forcible rape (Pen. Code, § 261, subd. (a)(2)) and forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)(A)). The court sentenced him to a stipulated five-year prison term: the three-year lower term for forcible rape and two years (one-third the middle term) for forcible oral copulation. The court imposed a $2,305.50 restitution fine in favor of the City of La Mesa, for which Ahmed and his codefendants were joint and severally liable. The abstract of judgment does not reflect joint and several liability. Ahmed appeals, contending the abstract of judgment must be amended to reflect joint and several liability. Respondent properly concedes the point. We order the abstract of judgment corrected.
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