People v. Hanson CA2/6

Filed 9/2/14 P. v. Hanson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B249297 (Super. Ct. No. F478245) Plaintiff and Respondent, (San Luis Obispo County)

v.

RANDY ALLAN HANSON,

Defendant and Appellant.

Randy Allan Hanson appeals a three-year "criminal protective order" issued as a condition of probation after his conviction of assault (Pen. Code, § 240),1 a misdemeanor, and battery with serious bodily injury, a felony (§ 243, subd. (d)). We conclude, among other things, that the trial court did not err by imposing a stay-away condition of probation and issuing a separate criminal protective order. We affirm. FACTS On the evening of August 3, 2012, James Kelsey was a passenger in a limousine which transported him and others to "Harry's Bar." Kelsey went into the bar. He later left and walked back to the limousine. The driver opened the limousine door to let Kelsey in. Hanson was inside "slouching." Kelsey "tapped him on the shoulder" and asked Hanson, "'[H]ey, can you move over so we can all get in?'" Kelsey testified, "[T]he

1 All statutory references are to the Penal Code.

next thing I knew I felt an impact . . . ." Hanson hit him with a beer bottle on the nose. Kelsey was bleeding and he felt pain between his eyes. Hanson testified Kelsey approached him in the bar and said, "So you are the Raiders coach that got his ass kicked by Tom Cable." Hanson responded, "Well, it really didn't happen that way and Cable is a fucking pussy." Hanson left the bar and went to the limousine. He was afraid because Kelsey was angry and dangerous. Hanson locked the door. Kelsey went to the limousine, began "banging on the limo" and told Hanson, "'I am Tom Cable's cousin, and I am going to kick your ass.'" He struck Kelsey with the bottle because he "was trying to get away" from Kelsey. He did not want to hurt him. The jury found Hanson 1) "not guilty of the crime of Assault with a Deadly Weapon," but "guilty of the lesser included offense of Assault Upon a Person," and 2) guilty of battery with serious bodily injury. It found not true the allegation that Hanson committed great bodily injury. At the sentencing hearing, the trial court suspended imposition of sentence and placed Hanson on formal probation for three years. As a probation condition, Hanson was "not [to] have any direct or indirect contact with James Kelsey." The court also issued a three-year criminal protective order prohibiting Hanson from contacting Kelsey. At the sentencing hearing, the court said that if Hanson violated the order, he could face "additional criminal charges." DISCUSSION The Protective Order Hanson challenges the validity of the criminal protective order. The People contend he forfeited this issue because he did not raise it in the trial court. We agree. (People v. Welch (1993) 5 Cal.4th 228, 234-237.) But even on the merits, the result is the same. Trial courts have "broad discretion" under section 1203.1 to impose probation conditions that protect crime victims by ordering defendants to stay away from them. (People v. Selga (2008) 162 Cal.App.4th 113, 120.)