People v. Perez CA3

Filed 11/24/15 P. v. Perez CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C076846

v. (Super. Ct. No. 12F07587)

MANUEL PEREZ,

Defendant and Appellant.

A jury convicted defendant Manuel Perez of committing lewd acts on a child under the age of 14, committing a forcible lewd act on a child under the age of 14, and solicitation to commit murder. The trial court sentenced defendant to 75 years to life in prison plus a consecutive nine years. The trial court also entered a no-contact order

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of unlimited duration as to two victims and one relative without specifying the statutory authority for the order. Defendant now contends the no-contact order was unauthorized. We will vacate the no-contact order and remand the matter to the trial court to reconsider its decision to issue postconviction orders and, if orders issue, to provide legal bases for the orders. We will affirm the judgment in all other respects. BACKGROUND A detailed recitation of the facts underlying defendant’s offenses is unnecessary to the resolution of the issue on appeal. It is sufficient to summarize that defendant molested Jane Doe 1, a minor. He also molested Jane Doe 2, an adult at the time of trial, and threatened that she would disappear if she told anyone. Defendant solicited the murder of Jane Doe 2 while he was in jail awaiting trial. The jury convicted defendant on four counts of committing lewd acts on a child under the age of 14 (Pen. Code § 288, subd. (a)),1 one count of committing a forcible lewd act on a child under the age of 14 (§ 288, subd. (b)(1)), and one count of solicitation to commit murder (§ 653f, subd. (b)). The jury also found the multiple victim allegation true. The trial court sentenced defendant to an aggregate term of 75 years to life, plus a consecutive nine years. It also responded to the People’s request to enter a no-contact order “out of an abundance of caution” by entering a no-contact order of unlimited duration, prohibiting defendant from contacting Jane Doe 1, Jane Doe 1’s mother, or Jane Doe 2. The trial court did not refer to any particular statutory authority in entering the order.