People v. Hall CA2/7

Filed 10/15/13 P. v. Hall CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B244814

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA384577) v.

CHARLES SHANE HALL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles, John S. Fisher, Judge. Affirmed as modified with directions. Christine J. Esser, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

Defendant Charles Shane Hall appeals from a judgment of conviction entered pursuant to a negotiated plea of no contest. Hall challenges the order that he “[o]bey the protective order issued in this or any other case.” He also argues that the abstract of judgment must be corrected to reflect the award of presentence custody credits. We agree with Hall, affirm the judgment as modified, and remand with directions to modify the abstract of judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Hall was charged in an information with two counts of making a criminal threat (Pen. Code, § 422)1 against Nancy Correas, the mother of his children. As to both counts, the information specially alleged that Hall had suffered two prior serious or violent felony convictions within the meaning of section 667, subdivision (a)(1), and the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12) and had served a separate prison term for a felony (§ 667.5, subd. (b)). Represented by counsel, Hall pleaded not guilty and denied the special allegations. Pursuant to a negotiated agreement, Hall pleaded no contest to one count of making a criminal threat and admitted one prior strike conviction. The trial court sentenced Hall to an aggregate state prison term of 32 months (the 16-month lower term doubled under the three strikes law). The trial court dismissed the remaining count and special allegations as part of the plea agreement. At the conclusion of the sentencing hearing on September 10, 2012, the trial court agreed to the prosecutor’s request to issue a “10-year protective order.” The hearing concluded with the following exchange: “THE COURT: So unless there’s anything else I think that’s it.