People v. Therman

Filed 5/20/15 CERTIFIED FOR PUBLICATION

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

THE PEOPLE, C077322

Plaintiff and Respondent, (Super. Ct. No. 14F01626)

v.

SHYLOW MENYON THERMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Sacramento County, Gerrit W. Wood, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen, John G. McLean, Deputies Attorney General, for Plaintiff and Respondent.

Defendant Shylow Menyon Therman pled no contest to false imprisonment and admitted a prior strike conviction. The trial court sentenced defendant to four years in

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state prison and issued a criminal protective order pursuant to Penal Code1 section 136.2, prohibiting defendant from contacting the victim for a period of five years. Defendant’s sole contention on appeal is that the trial court lacked authority to impose the no-contact order. The People concede error. We reject the People’s concession and affirm. FACTUAL BACKGROUND On May 13, 2014, defendant was charged with residential burglary, making criminal threats, and inflicting corporal injury on his spouse. On June 16, 2014, defendant pled no contest to felony false imprisonment, a reasonably related offense to inflicting corporal injury on his spouse, for a stipulated sentence of four years in state prison. The prosecutor recited the factual basis for the plea as follows: “On or about March 7th, 2014, in Sacramento County, the defendant, Shylow Therman, did commit a felony violation of Penal Code section 236, felony false imprisonment, as reasonably related to the crime [inflicting corporal injury on a spouse], in that Mr. Therman did, with force and/or violence, force [his spouse] to stay somewhere without her consent.” The trial court accepted defendant’s plea and imposed a protective order prohibiting defendant from having any contact with his spouse for a period of five years. The protective order was made pursuant to Judicial Council Form CR-160 (rev. Jan. 2009), which refers to sections 136.2, 1203.097, subdivision (a)(2); 273.5, subdivision (i); and 646.9, subdivision (k) in its title. The trial court checked the box indicating section 136.2 as the statutory authority for the protective order. Defendant filed a timely notice of appeal.