People v. Heydaragha CA3

Filed 12/19/13 P. v. Heydaragha CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C073375

v. (Super. Ct. No. 12F05431)

KAZEN HEYDARAGHA,

Defendant and Appellant.

Appointed counsel for defendant Kazen Heydaragha has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant filed a supplemental brief, arguing he qualified for sentencing under Assembly Bill No. 109 (AB 109)1 and the trial court should have granted his

1 Assembly Bill No. 109 (2011 Reg. Sess.) refers to the Realignment Act, which enacted, among other things, Penal Code section 1170, subdivision (h). (See Stats. 2011, ch. 15, § 450.)

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request to substitute appointed counsel. He also requests a more lenient sentence, including drug addiction treatment. We address these issues, in addition to undertaking a review of the record as required by Wende, and affirm the judgment. BACKGROUND On August 11, 2012, defendant, who was on searchable probation, was stopped for a Vehicle Code violation. In a search, the officer found a baggie with methamphetamine residue on defendant’s person, two ounces of methamphetamine in a paper bag in the back seat, a can with a hidden compartment that contained methamphetamine residue, and a cell phone. The phone rang, the officer answered it and, in the officer’s opinion, the caller was attempting to purchase one-eighth of an ounce of methamphetamine. There were also text messages on the phone indicating drug-related transactions. Officers then searched defendant’s house. In the common areas, officers found marijuana, a plastic bottle and several spoons containing methamphetamine residue, a digital scale, empty baggies, and an empty magazine for a nine-millimeter Glock handgun. In the master bedroom, officers found a full box of 20 live rounds of .223- caliber rifle ammunition, a plastic bottle containing 6.5 grams of methamphetamine, a baggy containing 5.25 grams of methamphetamine, a glass dish containing methamphetamine residue, a digital scale, several baggies, plastic pieces and another plastic bottle containing methamphetamine residue, 17 tablets of Sudafed, and a plastic container containing three hydromorphone pills. Defendant was charged with possession of methamphetamine for sale (Health & Saf. Code, § 11378), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and unlawful possession of ammunition by a felon (Pen. Code, § 30305,