P. v. Brown

















Filed 10/14/10 P. v.
Brown 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NOT
TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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.



IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Sacramento)














>

THE PEOPLE, Plaintiff and Respondent, v. JACORY NOEL BROWN, Defendant and Appellant.

C064431 (Super. Ct. No. 09F03009)

Defendant Jacory
Noel Brown entered a negotiated plea of no contest to pimping a 14-year-old
minor (Pen. Code, § 266h, subd. (a)) and engaging in unlawful sexual intercourse with
her. (Pen. Code, § 261.5, subd.
(c). The trial court sentenced defendant
to four years in state prison and
imposed other orders. Over defendant's
objection that it lacked the authority to impose it, the court imposed a
no-contact order prohibiting contact between defendant and the victim. Defendant's sole contention on appeal is that the trial
court lacked statutory authority to impose a no-contact order. The People concede the error, and we agree.

Because a
no-contact order is a form of punishment imposed for the commission of a crime,
it must have a statutory basis in order to be valid. As Penal Code section 12 provides: â€