People v. Philthilath CA5

Filed 11/21/14 P. v. Philthilath CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067783

Plaintiff and Respondent, (Super. Ct. No. VCF276393)

v. OPINION KHAMMON TAUC PHILTHILATH,

Defendants and Appellants.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhouse II, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

* Before Hill, P. J., Cornell, J. and Gomes, J.

Khammon Tauc Philthilath appeals from a judgment entered after the trial court denied his motion to withdraw his no contest plea to possession of methamphetamine for sale. We reject Philthilath’s contention the court abused its discretion in denying his motion to withdraw his plea. We agree, however, with his contention that he is entitled to additional presentence custody credit and therefore modify the judgment and affirm the judgment as modified. FACTS1 On December 5, 2012, sheriff deputies working an undercover operation at a casino “observed an Asian male adult with multiple tattoos on his body walking very fast through a section of the casino floor before sitting down and playing at a casino slot machine.” One of the undercover deputies engaged the male—later identified as Philthilath—in conversation and asked if he knew anyone from whom the deputy could “score some criss.” Philthilath looked at the deputy and asked, “Crystal?” The deputy said yes, and asked if he could buy a “twenty.” Philthilath said he would walk out to his car to get it and then meet the deputy in the restroom to complete the deal. Around 10 minutes later, Philthilath returned and went into the men’s restroom. Philthilath gave a small, white plastic bindle to the undercover deputy in exchange for a $20 bill. The deputy left the restroom and informed other deputies of the transaction. Deputies contacted Philthilath inside the casino and took him into custody. The substance he gave the undercover deputy tested positive for methamphetamine. When questioned, Philthilath elected not to provide a statement. PROCEDURAL BACKGROUND On December 7, 2012, Philthilath was charged in a criminal complaint with possession of methamphetamine for sale (Health & Saf. Code, § 11378). The complaint