People v. Rounds CA5

INTRODUCTION

Following a conviction for assault with intent to commit a specified sex offense, a no-contact order was issued by the trial court forbidding defendant Rickey Maurice Rounds from contacting the victim of his crime. On appeal, defendant contends the court did not have authority to make such an order. We will direct the trial court to modify its order to comply with the applicable statutory authority.

BRIEF PROCEDURAL BACKGROUND

Pursuant to a criminal complaint filed August 30, 2012, on or about January 8, 2012, defendant committed a lewd and lascivious act upon his girlfriend’s daughter. The victim, referred to as Jane Doe, was under the age of 14. (Pen. Code,1 § 288, subd. (a).) The complaint further alleged defendant had committed a prior serious felony and had served a prior prison term. (§§ 667, subd. (d), 667.5, subd. (b).) At a hearing held April 23, 2013, defendant agreed to enter a no contest plea to a violation of section 220, subdivision (a)(1).2 The prior prison term allegation was stricken,3 and the court indicated it would impose the mitigated term of two years at the time of sentencing. Thereafter, on June 20, 2013, the court sentenced defendant to a…