Horton

INTRODUCTION

Brandon Horton was convicted of stalking and making criminal threats against Seiko H. He was acquitted of making criminal threats against Seiko’s father, John H. At sentencing, the trial court issued a 10-year protective order under Penal Code1 section 646.9, subdivision (k), prohibiting Horton from having any contact with both Seiko and John, and an order prohibiting Horton from possessing any deadly or dangerous weapons. On appeal, Horton challenges the portion of the protective order naming John as a protected person, and the order directing Horton not to possess any deadly or dangerous weapons. We conclude the trial court did not err in including John as a protected person in the protective order, because there was sufficient evidence that Horton committed or attempted to commit some harm against John. However, the court did err in extending the weapons prohibition beyond firearms to any deadly or dangerous weapon. We accordingly modify the judgment to strike the order prohibiting Horton from possessing any deadly and dangerous weapons, and affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

1. Charges In an amended information, the Los…