Abdullah

People v. Abdullah

Good Law
1992 Cal. App. LEXIS 717·6 Cal. App. 4th 1728·9 Cal. Rptr. 2d 131·92 Daily Journal DAR 7522·92 Cal. Daily Op. Serv. 4770
Court of Appeal of CaliforniaJune 4, 1992D014732California2,567 words

Opinion

Opinion

Nares, J.

Hanif Saladin Abdullah (Abdullah) appeals, following his plea of guilty to receiving stolen property in violation of Penal Code section 496. Abdullah challenges two aspects of his sentencing, asserting (1) he is entitled to section 2933 credits for his time spent at the California Rehabilitation Center (CRC) before his exclusion therefrom, and (2) the trial court failed to consider the option of commitment to federal custody under section 1170.9 for Abdullah, a Vietnam veteran. We reject these contentions of error, and affirm the judgment.

Background

By complaint filed October 23, 1990, Abdullah was charged with receiving stolen property in violation of section 496, and it was also alleged pursuant to section 667.5, subdivision (b) that he had served a prison term on a previous conviction for residential burglary, and had not been free from custody for five years.

In municipal court on November 2, 1990, Abdullah entered a plea of guilty to the section 496 charge on condition the section 667.5, subdivision (b) enhancing allegation be struck. Abdullah asked that a sentence pursuant to section 1170.9 be ordered if possible, and was informed also that a commitment to CRC…

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