People v. Lepke CA2/4

BACKGROUND

Because the parties agree the September 14, 2012 order must be modified to reflect the correct expiration date of October 22, 2013, our discussion of the relevant facts will be brief. By plea agreement on November 15, 2010, defendant received a three-year prison sentence for one felony count of stalking his wife. (Pen. Code, § 646.9, subd. (b).)1 He also agreed to be restrained under a criminal protective order with respect to his wife and children. (§ 646.9, subd. (k).)2 The protective order, which was entered on October 22, 2010, had a three-year term that was to expire on October 22, 2013. After being released from prison, defendant filed a pro. per. motion to terminate or modify the protective order. At the September 14, 2012 hearing on his motion, the prosecutor agreed to a modification that would: (1) remove the children’s names and list only the wife’s name; and (2) allow defendant to have contact with his wife “only for the safe exchange of the children.” The prosecutor prepared and submitted a modified

All further statutory references are to the Penal Code.

The Attorney General correctly points out that the original protective order…