People v. Mohamed CA2/7

Filed 5/13/14 P. v. Mohamed CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B251263

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA083536) v.

EHAB ALY MOHAMED,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Katherine Mader, Judge. Affirmed as modified. Ehab Aly Mohamed, in pro. per.; and Debra Fischl, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Ehab Aly Mohamed was detained by police after he attempted to open a checking account at U.S. Bank with a fraudulent Bank of the West cashier’s check. Text messages on Mohamed’s cell phone revealed he had previously engaged in similar attempts to negotiate fraudulent checks. Mohamed was arrested and charged in an information with forgery (Pen. Code, § 476),1 identity theft (§ 530.5, subd. (a)) and burglary (§ 459). Mohamed pleaded not guilty. Prior to trial, Mohamed filed motions to suppress evidence (§ 1538.5) and to set aside the information (§ 995), which the trial court heard and denied. A jury convicted Mohamed of forgery and burglary, but acquitted him of identity theft. The court sentenced Mohamed to the middle term of two years in county jail for forgery and stayed sentencing for burglary pursuant to section 654. The court awarded Mohamed presentence custody credit of 324 days (171 actual days and 171 days of conduct credit). The court ordered Mohamed to pay a $40 court security fee and a $30 criminal conviction assessment on each count and a $280 restitution fine. The court also imposed and stayed a parole revocation fine pursuant to section 1202.45. Mohamed timely appealed.