People v. Larkin CA6

Filed 8/20/14 P. v. Larkin CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039857 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS072851A)

v.

WILLIAM LARKIN,

Defendant and Appellant.

Following the successful completion of probation, the trial court dismissed a 2008 felony complaint of domestic violence against defendant William Larkin, pursuant to 1 Penal Code section 1203.4. Citing the victim’s ongoing need to feel safe, however, the trial court declined defendant’s later request to modify a 10-year protective order issued at the time of the 2008 judgment. On appeal, defendant contends that the court should have terminated the protective order under section 1203.4, which releases a defendant who has successfully completed probation from “all penalties and disabilities resulting from the offense of which he or she has been convicted.” We disagree and affirm the order. Background On February 27, 2008, defendant entered a negotiated plea of no contest to inflicting corporal injury on a spouse or cohabitant (§ 273.5) and making a criminal threat

1 All further statutory references are to the Penal Code.

(§ 422). The trial court then dismissed an additional charge of attempted murder and an allegation of a prior conviction of violating section 273.5. On April 3, 2008, the court suspended imposition of sentence and placed defendant on probation for four years. Among the conditions of his probation were that defendant have no contact with the victim, “Jane Doe,” stay 100 yards away from her, and “[s]tay at least 100 yards away from the Moss Landing Harbor District,” where his offenses had occurred. A separate criminal protective order pursuant to section 136.2 again prohibited defendant from contacting or coming within 100 yards of Jane Doe. This “CLETS” order, issued by 2 stipulation of the parties, was to expire 10 years later, on April 3, 2018. On May 11, 2012, the trial court granted defendant’s request, unopposed by the 3 People, to set aside his conviction and dismiss the charges pursuant to section 1203.4. On April 10, 2013, defendant moved to modify the section 136.2 protective order to enable him to work on his boat, which was moored at the Moss Landing Harbor District and for which he had continued to pay slip fees. By this time the probation condition requiring him to stay away from that location had expired. But Jane Doe had been