Filed 4 / 15 / 13 P. v. Khamseh CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 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 conv iction (§§§ 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 ch ildren 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.

1 All statutory references are to the Penal Code unless otherwise stated.On June 22, 2012, the t rial 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 People v. Wende (1979)

25 Cal.3d 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 supplemental brief or letter within 30 days raising any g rounds 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

- 1 551.)

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 Appe al, for Deendant and

Appellant.

No appearance for Respondent.