People v. Kashani CA4/1

Filed 12/10/21 P. v. Kashani CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078676

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCN236630, CN328963, CN332175) MIRMASSOUD KASHANI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Brad A. Weinreb, Judge. Affirmed. Mirmassoud Kashani, in pro. per.; and Jay Temple, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In order to avoid immigration consequences of his criminal convictions,

Mirmassoud Kashani filed a motion under Penal Code 1 section 1473.7, subdivision (f) to vacate four felony convictions and three misdemeanor

1 All further statutory references are to the Penal Code.

convictions. After briefing and a hearing, the trial court found the motion untimely and lacking merit. Kashani appeals the denial of his motion. In September 2010, Kashani pleaded guilty to one count of felony conspiracy (§ 182, subd. (a)(4)) and three counts of use of personal identifying information of another person (§ 530, subd. (a)) and admitted a special allegation under section 12022.6, subdivision (a)(2). He was sentenced to a stipulated term of four years in prison. In 2014, Kashani pleaded guilty to misdemeanor violations of sections 484 and 490.5 in two separate cases. He was sentenced to time served. In 2012, federal immigration authorities instituted removal proceedings. The removal order was entered in 2019 and affirmed in 2020. In June 2020, Kashani, who has a law degree and passed the California bar, filed a motion to vacate his convictions under section 1473.7, contending he had ineffective assistance of counsel in his convictions and that he did not understand the adverse immigration consequences of his various guilty pleas. After briefing and a hearing, the trial court denied Kashani’s motion to vacate by written order. Kashani filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Kashani the opportunity to file his own brief on appeal. Kashani has responded with a lengthy brief which repeats the submissions he has previously made in the trial court. We will address his brief below.