People v. Rasmussen CA3

Filed 10/24/25 P. v. Rasmussen CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (El Dorado) ----

THE PEOPLE,

Plaintiff and Respondent, C099738

v. (Super. Ct. No. P21CRF0272)

TRAVIS JOSEPH RASMUSSEN,

Defendant and Appellant.

Defendant Travis Joseph Rasmussen pleaded guilty to one count of continuous sexual abuse of a minor under the age of 14. Consistent with the plea agreement, the trial court sentenced defendant to the upper term of 16 years in state prison and issued a 10-year criminal protective order.

1

On appeal, defendant contends (1) we should remove the name of the minor’s mother, M.O., from the criminal protective order because she was not a victim of defendant’s crimes, and if this contention is forfeited due to trial counsel’s failure to object at sentencing, defendant received ineffective assistance; and (2) he is entitled to five days of additional custody credit. Although defendant did not object to the protective order at sentencing, we will exercise our discretion to address his protective order challenge on the merits. And finding merit in both of his contentions, we will modify the judgment to strike the name of the mother, M.O., from the criminal protective order, and to award defendant 735 days of actual credit and 110 days of conduct credit. We will affirm the judgment as modified and direct the trial court to prepare an amended and corrected abstract of judgment. BACKGROUND Beginning when the minor was 13 years old, and continuing until she turned 14, defendant sexually abused her. At the time, defendant was engaged to be married to M.O., the minor’s mother. Defendant pleaded guilty to continuous sexual abuse of a child under the age of 14 (Pen. Code, § 288.5, subd. (a) -- count 1)1 and admitted five aggravating circumstances. As part of the plea agreement, defendant agreed that the trial court would sentence him to the upper term of 16 years in state prison, order him to register under section 290, and issue a 10-year criminal protective order. The plea form did not indicate that the mother, M.O., would be named on the protective order. At the change of plea hearing, among other things, the trial court stated: