People v. Ortiz CA1/4

BACKGROUND

Ortiz was charged by information with one count of felony stalking (Pen. Code,1 § 646.9, subd. (b)); three counts of misdemeanor contempt of court (§ 166, subd. (c)(1)) for violating a protective order and/or stay away order issued pursuant to section 136.2 in a pending criminal proceeding involving domestic violence; one count of felony vandalism over $400 (§ 594, subd. (b)(1)); and one count of felony corporal injury to spouse, cohabitant, child’s parent, fiancé, former fiancé, dating relationship, or previous dating relationship (§ 273.5, subd. (a)). Ortiz pled no contest to count one for violating section 646.9, reduced to a misdemeanor, and to felony corporal injury in violation of section 273.5, subdivision (a). The trial court dismissed the other counts pursuant to a Harvey waiver2, suspended execution of a three-year prison term, and placed Ortiz on five years’ formal probation on the conditions, among others, that he obey all laws and reasonable orders of the probation officer. Additionally, the court ordered Ortiz to serve 160 days in county jail. The court also ordered Ortiz to make restitution to the victim in an amount to be determined and pay a $300…