Ponce

Here we advise judicial restraint when issuing a restraining order.

Ruben Ponce appeals a sentencing order made after his no contest plea to second degree robbery (Pen. Code, § 211) and his admission that he committed the offense for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)). Ponce was sentenced to an aggregate term of 13 years in state prison. We conclude, among other things, that the trial court erred by issuing a three-year protective order against Ponce per section 136.2 at sentencing. There was no evidence that Ponce had threatened witnesses during the proceedings. We strike the protective order but, in all other respects, affirm.

FACTS

Jesus Lucero was delivering flowers when Ponce and another man approached him. Ponce tucked his hand inside his waistband to simulate “what appeared to be a handgun.” Ponce said, “Eastside Bolen. You bang.” Lucero replied, “I don’t bang.” Ponce repeated, “Eastside Bolen, you better recognize.”

Lucero believed that Ponce and his companion were armed. The two of them took $51 from Lucero. Ponce also took Lucero’s cellular phone from his hand. Ponce and his companion were arrested after Lucero called the police to…