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The People v. Eric Scott Duerr Roberts

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte)


July 31, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ERIC SCOTT DUERR ROBERTS, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM033365)

The opinion of the court was delivered by: Nicholson , J.

P. v. Roberts CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Eric Scott Duerr Roberts pleaded guilty to kidnapping and forcibly raping his 18-year-old former girlfriend (Pen. Code, §§ 207, subd. (a), 208, subd. (a), 261, subd. (a)(2))*fn1 and was sentenced to prison. At sentencing, defendant was ordered to have no visitation with the victim (§ 1202.05).

On appeal, defendant asks that the no-visitation order be stricken because section 1202.05 authorizes such orders only when the sex crime victim is a minor. The People concede the error, and we agree.

Section 1202.05, subdivision (a), provides in relevant part: "Whenever a person is sentenced to the state prison on or after January 1, 1993, for violating Section 261, . . . and the victim . . . is a child under the age of 18 years, the court shall prohibit all visitation between the defendant and the child victim."

Because the victim here was 18 years old when the crime was committed, defendant was not subject to the mandatory provisions of section 1202.05.

DISPOSITION

The section 1202.05 no-visitation order is stricken. In all other respects, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment, and to forward a certified copy to the Department of Corrections and Rehabilitation.

We concur: BLEASE , Acting P. J. BUTZ , J.


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