P. v. Ahmadzaa
Filed 8/2/06 P. v. Ahmadzaa CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. ASADULLAH AHMADZAA, Defendant and Appellant. | C050607
(Super. Ct. No. 04F07335)
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Defendant Asadullah Ahmadzaa pleaded no contest to welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)). The court imposed, but suspended, a two-year term of imprisonment, and placed defendant on five years formal probation. After a hearing, defendant was ordered to pay victim restitution in the amount of $54,828.
On appeal, defendant contends the restitution order is not supported by substantial evidence. We disagree and affirm the judgment.
Facts and Proceedings
John Clausen, a criminal investigator for the Sacramento County Department of Human Assistance, was the only witness at the restitution hearing. He testified that defendant and his wife received Cal Works, cash aid, food stamps, Medi-Cal, and supplemental housing assistance from the Department of Housing and Urban Development (HUD). The department investigated defendant after learning from an anonymous source that defendant was running a taxi company without reporting his income. Defendant's fraud occurred between February 2001 and August 2004.
Defendant had several unreported sources of income. In addition to the fares from the cab he drove, defendant leased cabs through his company. He leased three to five taxis at a rate of $170 to $225 a week for each taxi and ran a separate business through which he bought, sold, serviced, and maintained taxi meters.
Clausen testified defendant was ineligible for welfare benefits throughout the course of his fraudulent conduct. Cal Works paid him $10,786, HUD paid him $31,815, and he received $12,227 in food stamps, for a total loss to the victims of $54,828. Clausen did not know if the food stamp figure included a 20 percent earned income deduction. Because the taxi business â€
