People v. Larkin CA6

Background On February 27, 2008, defendant entered a negotiated plea of no contest to inflicting corporal injury on a spouse or cohabitant (§ 273.5) and making a criminal threat

1 All further statutory references are to the Penal Code. (§ 422). The trial court then dismissed an additional charge of attempted murder and an allegation of a prior conviction of violating section 273.5. On April 3, 2008, the court suspended imposition of sentence and placed defendant on probation for four years. Among the conditions of his probation were that defendant have no contact with the victim, “Jane Doe,” stay 100 yards away from her, and “[s]tay at least 100 yards away from the Moss Landing Harbor District,” where his offenses had occurred. A separate criminal protective order pursuant to section 136.2 again prohibited defendant from contacting or coming within 100 yards of Jane Doe. This “CLETS” order, issued by 2 stipulation of the parties, was to expire 10 years later, on April 3, 2018. On May 11, 2012, the trial court granted defendant’s request, unopposed by the 3 People, to set aside his conviction and dismiss the charges pursuant to section 1203.4. On April 10, 2013, defendant moved to…