People v. Giles CA3

Filed 4/30/14 P. v. Giles CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C074120

Plaintiff and Respondent, (Super. Ct. No. 13F01136)

v.

CHRISTOPHER GILES,

Defendant and Appellant.

Defendant Christopher Giles pleaded no contest to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1))1 and admitted one strike (§ 667, subds. (b)-(i)) in return for the dismissal of other counts and allegations with a Harvey2 waiver and a stipulated state prison term of 32 months. At sentencing, the trial court imposed the stipulated sentence. Citing sections 136.2 and 273.5, former subdivision (i), the court

1 Undesignated section references are to the Penal Code. 2 People v. Harvey (1979) 25 Cal.3d 754.

1

also issued a protective order prohibiting defendant from harassing C.C., the alleged victim in several of the dismissed counts. Defendant contends the protective order was not authorized under either statute cited by the trial court. The Attorney General concedes that section 273.5, former subdivision (i) did not authorize the order, but contends that section 136.2, subdivision (i)(1) did. We conclude defendant is correct. We strike the protective order and otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND An amended complaint (later deemed an information) accused defendant of inflicting corporal injury resulting in a traumatic condition upon C.C., the parent of defendant’s child (count one; § 273.5, subd. (a)); misdemeanor infliction of pain and suffering upon A.D., a child aged two months (count two; § 273a, subd. (b)); making criminal threats against C.C. (counts three & seven; § 422); assaulting C.C. with a firearm (counts four & five; § 245, subd. (a)(2)); unlawfully discharging a firearm in a grossly negligent manner (count six; § 246.3); misdemeanor use of force upon the person of C.C., the parent of defendant’s child (count eight; § 243, subd. (e)(1)); being a felon in possession of a firearm (count nine; § 29800, subd. (a)(1)); and unlawfully possessing a short-barreled rifle (count ten; § 33215). The complaint alleged defendant had been convicted of robbery, a serious felony and strike (§§ 211, 667, subds. (a), (b)-(i), 1170.12), and he had served three prior prison terms (§ 667.5, subd. (b)). Defendant entered a plea of no contest to count nine and admitted the strike in return for a state prison term of 32 months (the low term on count nine, doubled for the strike). Defendant pleaded not guilty to the remaining counts and denied the remaining priors. The trial court deferred the People’s motion to dismiss the remaining counts in the interest of justice. The prosecutor recited the factual basis for defendant’s plea as follows: “On February 2nd, 2013, officers responded to the defendant’s home in Sacramento County.