People v. Sharpe CA3

Filed 5/20/14 P. v. Sharpe CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C073959

Plaintiff and Respondent, (Super. Ct. No. 12F7721)

v.

MICHAEL GLENN SHARPE,

Defendant and Appellant.

Defendant Michael Glenn Sharpe pleaded no contest to two counts related to domestic violence in exchange for an agreed four-year sentence to state prison. The plea agreement also stated that execution of the prison sentence was to be suspended, and that defendant would be released on his own recognizance until sentencing. Defendant agreed to a waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247 (Cruz) and was instructed by the court not to have contact with the victim of his abuse prior to sentencing. He agreed the court would not be bound by the four-year prison sentence cap if he violated the court’s order. Almost immediately upon his release, he violated the

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terms of his agreement by having contact with the victim. The trial court sentenced him to an aggregate prison term of six years four months. He now appeals the judgment of the trial court, contending the trial court (1) acted in excess of its jurisdiction in failing to place a time limit on the restraining order it imposed, and (2) improperly delegated its authority regarding restitution to the Department of Corrections and Rehabilitation (CDCR). We agree the trial court erred in failing to impose a time limit on the restraining order, but we find the trial court properly referred determination of the restitution amount to the CDCR. Therefore, we partially affirm and partially reverse the trial court’s judgment, and remand this matter to the trial court to resentence defendant with respect to the restraining order only.