P. v. Khamseh
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 injury to two minor children (Pen. Code, § 12022.7 subd. (d))[1], 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).
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