Opinion
D062509
02-13-2013
THE PEOPLE, Plaintiff and Respondent, v. ABDIRISAQ AHMED, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. SCE310084)
APPEAL from a judgment of the Superior Court of San Diego County, Allan J. Preckel, Judge. Affirmed with directions.
On April 3, 2011, Abdirisaq Ahmed engaged in acts of sexual intercourse and oral copulation with the victim against her will and by means of force. In 2012, Ahmed entered a negotiated guilty plea to forcible rape (Pen. Code, § 261, subd. (a)(2)) and forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)(A)). The court sentenced him to a stipulated five-year prison term: the three-year lower term for forcible rape and two years (one-third the middle term) for forcible oral copulation. The court imposed a $2,305.50 restitution fine in favor of the City of La Mesa, for which Ahmed and his codefendants were joint and severally liable. The abstract of judgment does not reflect joint and several liability. Ahmed appeals, contending the abstract of judgment must be amended to reflect joint and several liability. Respondent properly concedes the point. We order the abstract of judgment corrected.
DISPOSITION
The judgment is affirmed. The trial court is directed to correct the abstract of judgment to reflect joint and several liability for the $2,305.50 restitution fine in favor of the City of La Mesa and to forward the corrected abstract of judgment to the Department of Corrections and Rehabilitation.
O'ROURKE, J. WE CONCUR: BENKE, Acting P. J. IRION, J.