People v. Lucas CA3

Filed 10/26/15 P. v. Lucas CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077623

Plaintiff and Respondent, (Super. Ct. No. CM040811)

v.

MICAH JAMES LUCAS,

Defendant and Appellant.

Defendant Micah James Lucas pleaded no contest to negligent discharge of a firearm. (Pen. Code, § 246.3, subd. (a).)1 The trial court placed defendant on probation for three years and, among other things, ordered defendant to have no contact with four would-be victims for a period of 10 years. In addition to the no-contact order as a condition of probation, the court issued a criminal protective order pursuant to sections 136.2 and 646.9, subdivision (k), barring defendant from contacting the same four individuals for the same 10-year period.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends, and the People concur, that the trial court lacked authority to impose a no-contact probation condition lasting seven years longer than his three-year probationary term. Defendant also contends, and the People concur, that the 10-year protective order was unauthorized. We agree with the parties. Accordingly, we will (1) modify the length of the no- contact probation condition to be coextensive with defendant’s probationary term, and (2) strike the protective order imposed pursuant to sections 136.2 and 646.9, subdivision (k). The judgment is affirmed as modified. FACTUAL AND PROCEDURAL BACKGROUND On November 9, 2013, defendant, age 23, armed himself with a nine-millimeter gun and drove to a frozen yogurt shop in Paradise. Jordan Russell worked in the yogurt shop. Defendant intended to kill Russell, but changed his mind when other people arrived at the shop. Defendant drove around town, feeling angry and frustrated. Eventually, he turned down a residential street, selected at random. He came to a stop in front of a house, also selected at random. Thinking the house was vacant, defendant rolled down the window of his car and fired 10 rounds. He then drove home. Contrary to defendant’s apparent belief, the house was not vacant. Four people were inside at the time of the shooting: the owners, John and Serena Gordon, Serena’s mother, Barbara Walsh, and family friend, Patricia Howell. Fortunately, no one was injured. Several months later, a concerned citizen reported that defendant had confessed to making a plan to murder Russell and firing shots into a house in Paradise. Detectives interviewed defendant, who admitted both incidents. On March 21, 2014, defendant was charged by complaint with one count of grossly negligent discharge of a firearm. (§ 246.3, subd. (a).) On July 24, 2014,