People v. Ahmed CA4/2 ( 2014 )

Filed 5/21/14 P. v. Ahmed CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E059127
v. (Super.Ct.No. RIF1204913)
ABAH MAHAMMED AHMED, Jr., OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Michael J. Rushton,
Judge. Affirmed.
David L. Annicchiarico, under appointment by the Court of Appeal, for Defendant
and Appellant.
No appearance for Plaintiff and Respondent.
Defendant Abah Mahammed Ahmed, Jr., is serving sixteen months in state prison
for carrying a concealed dirk or dagger and possessing tear gas with a prior felony. This
sentence is consecutive to an eight-year prison term for robbery and residential burglary.
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FACTS AND PROCEDURE
On August 4, 2012, police pulled over a vehicle in which defendant was riding
because another passenger was not wearing a seat belt. Defendant was found to be armed
with two knives and to possess pepper spray. Defendant had in his back pocket a black
ski mask with eye holes hand-cut into it. Defendant was wearing baseball batting gloves.
No other sporting or cold-weather equipment was found in the vehicle.
On January 23, 2013, the People filed an information charging defendant with
carrying a concealed dirk or dagger (Pen. Code, § 21310)1 and possessing a tear gas
weapon after having been convicted of a felony. The People also alleged defendant had
two prior prison term offenses under section 667.5—a burglary (§ 459) conviction from
2002 and another from 2007.
On June 4, 2013, a jury found defendant guilty on both counts. On June 5, 2013,
the trial court found both prison term allegations to be true.
On July 3, 2013, the trial court initially sentenced defendant to a felony jail term
of four years and eight months as follows: two years for the dirk or dagger offense, plus
eight months for the tear gas count, plus two consecutive one-year terms for the prior
prison term allegations.
Defendant appealed.
On September 6, 2013, the court vacated the above sentence in conjunction with a
plea agreement in a separate case, number RIF1207422. In the separate case, the court
1 All further statutory references are to the Penal Code unless otherwise indicated.
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sentenced defendant to a total of eight years for robbery (§ 211) and burglary (§ 459).
Defendant then re-sentenced defendant to a total of sixteen consecutive months on the
current matter and imposed, then struck, the two one-year sentences for the prison term
priors.
DISCUSSION
We appointed counsel to represent defendant on appeal. After examination of the
record, counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d
436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a
summary of the facts and potential arguable issues, and requesting this court conduct an
independent review of the record. We offered defendant an opportunity to file a personal
supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly
(2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and
find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
HOLLENHORST
J.
MILLER
J.
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