P. v. Khamseh
Filed 4/15/13 P. v. Khamseh CA2/6
NOT TO BE PUBLISHED IN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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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 SIX
THE
PEOPLE,
Plaintiff and Respondent,
v.
MEHRAN
AMIRKHANI KHAMSEH,
Defendant and Appellant.
2d Crim. No. B242997
(Super. Ct. No. 2011035278)
(Ventura County)
Mehran Amirkhani Khamseh appeals his
conviction by plea to felony driving under the influence causing injury (Veh.
Code, § 23153. subd. (a)) and leaving the scene of an accident (Veh. Code, §
20001, subd. (a)). Appellant admitted
causing great bodily
to two minor children (Pen. Code, § 12022.7 subd. (d))
that he caused injury to the minors' mother, that he had a prior strike
conviction (§§§ 667, subds. (c)(1) & (e)(1); 1170.12, subds. (a)(1)
& (c)(1)) and that he had suffered a prior prison conviction (§ 667.5,
subd. (b)).
The plea was based on the probation report
which indicates that appellant struck a mother and two young children in a
crosswalk while driving a tow truck under the influence of
methamphetamine. The mother was knocked
to the ground and injured. The two
children were trapped face down under the truck bumper and dragged a quarter
mile.
On June 22, 2012, the trial court sentenced
appellant to 11 years four months state prison and awarded 479 days actual
credit and 239 days conduct credit (§§ 2900.5; 4019.) Appellant was ordered to pay a $480
restitution fine (§ 1202.4, subd. (b)), a $480 parole revocation fine (§
1202.45), victim restitution (§ 1202.4, subd. (f)), a $70 court security fee (§
1465.8,) and an $80 criminal conviction
assessment (Gov. Code, § 70373).
Appellant's appointed counsel filed a brief
pursuant to
436, setting forth the facts of the case and requesting that we review the
entire record on appeal, but raising no specific issue. On February
13, 2013, we notified appellant of his right to file a
days raising any grounds of appeal, contentions or arguments he wished us to
consider.
On March 19, 2013, appellant submitted a
letter brief stating that he is entitled to enhanced conduct credits even
though he committed the offenses on August 31, 2010, well before the 2011
amendment of section 4019 (AB 109) providing that certain defendants may earn
one-for-one credits for crimes committed after October 1, 2011. (See People v. Brown (2012) 54 Cal.4th
314, 318 & fn. 3; People v. Ellis (2012) 207 Cal.App.4th 1546,
1550-1551.)
Having examined the entire record, we are
satisfied that appointed counsel has fully complied with her responsibilities
and that no arguable issues exist. (People
v. Kelly (2006) 40 Cal.4th 106, 123-124;
People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
NOT
TO BE PUBLISHED.
YEGAN,
J.
We concur:
GILBERT,
P.J.
PERREN,
J.
Donald D. Coleman, Judge
Superior Court County of Ventura
______________________________
Gina McCou, under appointment by the Court of
Appeal, for Deendant and Appellant.
No appearance for Respondent.
name="_ftn1" title="">[1] All statutory references are to the Penal Code unless
otherwise stated.
