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People v. Khannanov

California Court of Appeals, Second District, Second Division
May 31, 2011
No. B226995 (Cal. Ct. App. May. 31, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. RINAT KHANNANOV, Defendant and Appellant. B226995 California Court of Appeal, Second District, Second Division May 31, 2011

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. BA364930

THE COURT:

Appellant Rinat Khannanov appeals from a judgment entered following his plea of no contest to resisting an executive officer in violation of Penal Code section 69, a misdemeanor. (A felony count of resisting an executive officer and a misdemeanor count of possessing 28.5 grams or less of marijuana in violation of Health and Safety Code section 11357, subdivision (b) were dismissed.) The trial court placed appellant on summary probation for a period of three years, which was a time-served disposition. He received custody credits of 197 actual days and 197 days of good time/work time credit, for a total of 394 days of custody credits. The court ordered appellant to pay a $100 restitution fine, a $30 criminal conviction assessment fee, and a $30 security fee.

We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an “Opening Brief” in which no arguable issues were raised. On February 14, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.

The record contains the following evidence: Los Angeles Police Department Officer Miguel Ruano testified at the preliminary hearing that on November 20, 2009 at approximately 11:00 p.m., he and his partner Officer Gutierrez responded to a call from a residence. When they arrived, they found two vehicles parked on the street; one vehicle had three occupants and appellant was alone in the other vehicle. The officers called for an additional unit to investigate the other three people, and ordered appellant out of the vehicle he was in. Officer Ruano handcuffed appellant and placed him in the police car while Officer Gutierrez conducted a stolen vehicle check that later determined appellant was a registered owner of the vehicle.

After appellant was placed in the police car, Officer Ruano ordered him back out to check whether his handcuffs were double-locked. As Ruano began doing a patdown, appellant became “a little bit agitated, combative, and started pulling away.” Ruano repeatedly told appellant to calm down and stop resisting. Appellant said something like “Stupid fuck, you don’t know who I am.” While Ruano was standing behind appellant, appellant kicked Ruano’s left shin three or four times and wrapped his foot around Ruano’s right leg. Ruano needed assistance from his partner to free himself from appellant’s leg.

After appellant was arrested for battery on a police officer, Ruano searched appellant’s vehicle and recovered from the center console a marijuana pipe and a green leafy substance that resembled marijuana.

We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.


Summaries of

People v. Khannanov

California Court of Appeals, Second District, Second Division
May 31, 2011
No. B226995 (Cal. Ct. App. May. 31, 2011)
Case details for

People v. Khannanov

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RINAT KHANNANOV, Defendant and…

Court:California Court of Appeals, Second District, Second Division

Date published: May 31, 2011

Citations

No. B226995 (Cal. Ct. App. May. 31, 2011)