P. v. Dunlap
Filed 3/25/13 P. v. Dunlap CA4/1
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
DEVON
DUNLAP,
Defendant and Appellant.
D062241
(Super. Ct.
No. SCS251694)
APPEAL from
a judgment of the Superior Court
of
County, Kathleen M. Lewis, Judge. Affirmed in part and reversed in part.
Devon
Dunlap entered a negotiated guilty plea to assault
with intent to commit rape (Pen. Code, § 220, subd. (a)(1)).
six-year upper term and issued a three-year
barring Dunlap from contacting the victim.
Dunlap appeals, contending the criminal protective order must be stricken
because it was unauthorized and violates his
process. The People concede the
point.
The
authority of section 136.2 exists only during the pendency of the criminal
case. (People v. Ponce
(2009) 173 Cal.App.4th 378, 382.) There
is no other applicable statutory authority for the protective order, and there
was no showing a protective order was appropriate under the court's inherent
authority. (Id. at pp. 382-385.)
DISPOSITION
The
restraining order is reversed. In all
other respects the judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
NARES, J.
O'ROURKE, J.
name="_ftn1" title="">[1]
All further statutory references
are to the Penal Code.
