Kelley

Discussion and the Disposition are certified for publication.

1 Defendant Michael Patrick Kelley III and the victim, L.S., were in a dating and cohabitation relationship for two years and had a child together. When the relationship ended, L.S. obtained a domestic violence restraining order against defendant. He violated the order repeatedly. In one of several consolidated cases, defendant was charged with felony stalking. He pled guilty and the charges in the other consolidated cases were dismissed. The trial court sentenced defendant to the upper term of four years in state prison, imposed fines and fees, and issued a criminal protective order. On appeal, defendant asserts (1) the trial court abused its discretion in imposing certain fines and fees despite his inability to pay, and this violated his right to due process under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), and (2) the criminal protective order is unconstitutionally vague because its stay-away provision—providing that he “must not come within 400 yards of” L.S.—does not specify that he not do so “knowingly.” After oral argument, we granted defendant’s motion to file supplemental briefing, in which he…