Race

People v. Race

Good Law
18 Cal. App. 5th 211·226 Cal. Rptr. 3d 624
Court of Appeal of CaliforniaDecember 11, 2017E066059California3,427 words

Opinion

lead Opinion

McKinster, J.

*213 Defendant and appellant, Timothy Rueben Race, pled no contest to attempted lewd and lascivious acts on a child under the age of 14, the lesser included offense of the count 2 charge. ( Pen. Code, §§ 664, 288, subd. (a).) 1 Pursuant to the plea agreement, the court sentenced defendant to the upper term of four years' imprisonment. The court limited defendant's conduct credit award to 15 percent pursuant to section 2933.1. The court additionally issued a 10-year criminal protective order pursuant to section 136.2, subdivision (i)(1) as to both defendant's daughter and niece.

On appeal, defendant contends the court erred in issuing a criminal protective order as to his daughter, the victim described in count 1 of the information, because he did not plead to any offense with respect to her. Thus, defendant argues his daughter is not a "victim" for purposes of issuing a criminal protective order. Defendant additionally asserts the court erred in limiting his award of conduct credits to 15 percent pursuant to section *214 2933.1. Finally, defendant maintains the minute orders dated February 26 and March 25, 2016, must be corrected to accurately reflect that defendant pled guilty…

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