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People v. Therman

California Court of Appeals, Third District, Sacramento

May 20, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
SHYLOW MENYON THERMAN, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Sacramento County No. 14F01626, Gerrit W. Wood, Judge.

Page 1277

COUNSEL

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John G. McLean, Deputies Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, Acting P. J.

Defendant Shylow Menyon Therman pled no contest to false imprisonment and admitted a prior strike conviction. The trial court sentenced defendant to four years in state prison and issued a criminal

Page 1278

protective order pursuant to Penal Code[1] section 136.2, prohibiting defendant from contacting the victim for a period of five years.

Defendant’s sole contention on appeal is that the trial court lacked authority to impose the no-contact order. The People concede error. We reject the People’s concession and affirm.

FACTUAL BACKGROUND

On May 13, 2014, defendant was charged with residential burglary, making criminal threats, and inflicting corporal injury on his spouse.

On June 16, 2014, defendant pled no contest to felony false imprisonment, a reasonably related offense to inflicting corporal injury on his spouse, for a stipulated sentence of four years in state prison. The prosecutor recited the factual basis for the plea as follows: “On or about March 7th, 2014, in Sacramento County, the defendant, Shylow Therman, did commit a felony violation of Penal Code section 236, felony false imprisonment, as reasonably related to the crime [inflicting corporal injury on a spouse], in that Mr. Therman did, with force and/or violence, force [his spouse] to stay somewhere without her consent.” The trial court accepted defendant’s plea and imposed a protective order prohibiting defendant from having any contact with his spouse for a period of five years. The protective order was made pursuant to Judicial Council Form CR-160 (rev. Jan. 2009), which ...


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