Sandoval
People v. Sandoval
Opinion
lead Opinion
Benke, J.
An information charged defendant Marco Antonio Sandoval with inflicting corporal injury on a spouse resulting in a traumatic condition ( Pen. Code, 1 § 273.5, subd. (f)(1), count 1) and making a criminal threat (§ 422, subd. (a), count 2). The information alleged defendant had suffered two prison (§ 667.5, subd. (b)) and two strike (§§ 667, subds. (b)-(j) & 1170.12) priors. The offenses arose out of an incident on May 23, 2016, in which defendant punched his wife, A.H., choked her to the point of unconsciousness, and threatened to kill her if she left him.
On September 23, 2016, defendant pleaded no contest to count 1 and admitted one prison prior. The plea included a stipulated five-year upper term, suspended; three-years felony probation; and a dismissal of count 2 and all additional allegations in the information. At the October 14 sentencing, over the objections of defendant and A.H., the court reissued a criminal protective order (CPO) using Judicial Council form CR-160 preventing defendant from initiating any contact whatsoever with A.H. for three years.
Defendant's sole contention on appeal is that the court erred in refusing to terminate the CPO or otherwise modify it to…