People v. Rios CA5

Filed 9/9/25 P. v. Rios CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F088834 Plaintiff and Respondent, (Super. Ct. No. F21904054) v.

JOSE MIGUEL RIOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. William Terrence, Judge. Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Darren K. Indermill, and Paul E. O’Connor, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Detjen, J.

Defendant Jose Miguel Rios appeals the criminal protective order issued at sentencing by the trial court under Penal Code section 136.2.1 Defendant argues that the court lacked authority impose a 10-year criminal protective order pursuant to section 136.2, which does not authorize posttrial protective orders for his charges of conviction. The People concede that the protective order must be stricken. We accept the People’s concession and shall strike the protective order. PROCEDURAL BACKGROUND On August 13, 2024, the District Attorney of Fresno County filed a second amended consolidated information that charged defendant with 18 separate counts including, as relevant here, shooting at an inhabited dwelling (§ 246; count 4) and conspiring to dissuade a witness (§ 136.1, subd. (c)(2); count 16). Pursuant to an agreement with the prosecutor, defendant pleaded no contest to counts 4 and 16 in exchange for a seven-year prison sentence and dismissal of the remaining charges. Thereafter, defendant admitted that he sustained numerous prior convictions or of increasing seriousness pursuant to California Rules of Court, rule 4.421(b)(2), an aggravated sentencing factor as alleged in a first amended information filed after entering his pleas.2 According to the probation report, defendant fired shots into a Kingsburg residence when the residents were sleeping on April 20, 2021, and into another residence on May 20, 2021. During the latter incident, defendant returned and set fire to the residents’ vehicle. Officers saw defendant returning to the residence, and defendant fled