People v. McCart CA2/1

Filed 1/26/23 P. v. McCart CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B320152

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA095386)

v.

JARED MCCART,

Defendant and Appellant.

APPEAL from a judgment and an order of the Superior Court of Los Angeles County, Hilleri G. Merritt, Judge. Affirmed and modified as to the judgment and reversed as to the order. Debbie Yen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General of California, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

The trial court convicted appellant Jared McCart of one count of robbery after he and another man stole a truck. The trial court sentenced appellant to two years in prison and issued a 10-year restraining order in favor of the victim of the crime. McCart appeals the order, arguing the trial court lacked authority to issue it. Respondent agrees. We conclude that the court erred in granting the restraining order.

PROCEDURAL AND FACTUAL BACKGROUND1 On October 3, 2020, Walter Spohn observed McCart and another man attempting to steal Spohn’s truck. When Spohn confronted the two men, they “started hitting” him. Spohn was pushed to the ground and dislocated his knee. McCart smashed Spohn’s cell phone and grabbed the keys to the truck. When McCart’s cohort’s car would not start, McCart used Spohn’s truck to push the car up the street. As a result of this incident, McCart agreed to plead no contest to one count of robbery (Pen. Code, § 211)2 in exchange for a sentence of two years in prison. The trial court accepted his plea and sentenced him to the agreed-upon prison term. Relying on section 136.2, the court also issued a restraining order requiring McCart to stay away from and have no contact with Spohn for 10 years. McCart timely appealed.