People v. Dollar CA3

Filed 6/4/15 P. v. Dollar CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C076426

Plaintiff and Respondent, (Super. Ct. No. CM038932)

v.

MICHAEL LESLIE DOLLAR,

Defendant and Appellant.

Defendant Michael Leslie Dollar pleaded no contest to voluntary manslaughter of his 16-month-old son (Pen. Code, § 192, subd. (a))1 and was sentenced to 11 years in state prison. At the time of sentencing, the trial court issued a criminal protective order pursuant to section 136.2 prohibiting defendant from contacting the victim’s mother and half siblings for a period of 10 years.

1 Undesignated statutory references are to the Penal Code.

1

Defendant’s sole contention on appeal is that the trial court lacked authority to impose the protective order. The People concede the error. We agree that the protective order was issued in error as the court lacked authority to impose it. Accordingly, we will order the protective order stricken. BACKGROUND On November 11, 2010, Oroville Police officers were dispatched to the Oroville Medical Center regarding Deagan Jackson, a 16-month-old toddler who had sustained “severe head trauma,” including “multiple skull fractures, subdural hematoma, and brain swelling.” Upon arrival, officers encountered Deagan’s mother, Sabrina, who was visibly upset and concerned for her child. Sabrina explained that she had full custody of her son, but the child had been visiting his father, defendant, at the time he was injured. Officers also met with defendant, who was “calm and relaxed” and had an “odor of marijuana emit[ing] from [his] person.” Officers observed defendant talking on the phone in the hospital waiting room and “laughing several times during the conversation.” Deagan was transported by life flight to the UC Davis Medical Center, where he died. An autopsy determined that Deagan died from “craniocerebral injuries, due to massive blunt force trauma to the head.” On August 7, 2013, an information was filed charging defendant with one count of assault on a child causing death. (§ 273ab, subd. (a); count 1.) On January 22, 2014, the information was amended to add one count of voluntary manslaughter. (§ 192, subd. (a); count 2.) That same day, defendant entered a plea of no contest to count 2, and count 1 was dismissed on the People’s motion. On March 26, 2014, the trial court denied probation and sentenced defendant to state prison for the upper term of 11 years. At the time of sentencing, the trial court also imposed a protective order prohibiting defendant from having any contact with Deagan’s mother, Sabrina, and his two half siblings, M. and K., for a period of 10 years. The protective order was made pursuant to Judicial Council form CR-160 (rev. Jan. 1, 2009),