California Court of Appeal

In an appeal of a sentence for conviction of false imprisonment and admission of a prior strike, the four-year prison term and issue of a criminal protective order, pursuant to Penal Code 136.2, prohibiting defendant from contacting the victim for a period of five years is affirmed over defendant's claim that the trial court lacked authority to impose the no-contact order, even though the People concede the error, where the record supports an implied finding that defendant committed "abuse" against his spouse within the meaning of section 13700, and therefore committed a crime of domestic violence such that the protective order was authorized by section 136.2(i).

Appellate Information

• Decided 05/20/2015
• Published 05/20/2015

Judges

• Robie

Court

• California Court of Appeal

Counsel