P. v. Kashani
Filed 2/14/13 P. v. Kashani CA4/1
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
THE PEOPLE,
Plaintiff and Respondent,
v.
MIRMASSOUD KASHANI,
Defendant and Appellant.
D062181
(Super. Ct.
No. SCN236630-2)
APPEAL from
orders of the Superior Court
of
Aaron H. Katz, Judge. Affirmed.
Mirmassoud
Kashani appeals two restitution orders arising from his convictions of various
crimes. The details of those crimes and
convictions are set forth in this court's nonpublished opinion in
First Franklin Financial and in the amount of $163,270. Kashani's challenge to that order was
litigated in No. D059467, and he may not challenge the order again in the
instant appeal. The second restitution
order, made on June 14,
2012, was in favor of Fieldstone Mortgage and in the amount
of $152,418.50.
title="">[1] At the restitution hearing, Kashani did not
contest the amount of the loss Fieldstone Mortgage suffered. He now contends, as he did at the hearing,
that the restitution award to Fieldstone Mortgage violates the antideficiency
statutes (Code Civ. Proc., § 580a et seq.).
Kashani was
involved in the financed purchases of residential property using stolen
personal identifying information. He
caused the loss to Fieldstone Mortgage in one of those transactions.
Kashani
cites no authority for the proposition that the antideficiency statutes apply
to restitution in a criminal proceeding. Our research has uncovered no such
authority. Moreover, we broadly and
liberally construe a victim's right to restitution (People v. Phu (2009) 179 Cal.App.4th 280, 283) and review a
challenge to a restitution order for abuse of discretion (id. at p. 284). There was no
abuse of discretion here.
DISPOSITION
The orders
are affirmed.
McCONNELL,
P. J.
WE CONCUR:
HUFFMAN, J.
NARES, J.
name="_ftn1" title="">[1]
The introductory portion of
Kashani's opening brief also mentions orders for restitution to "Franklin
Financial Services" and "First National Bank," but he makes no
further mention of those two entities.
His briefs additionally mention "First Financial" and "First
Franklin," apparently as shorthand for First Franklin Financial.
