P. v. Malagon
Appellant Marco Malagon molested an 11 year old girl in 1999. He fled the state and was not arrested until 2006. Appellant was then charged with one count of lewd acts on a child (Pen. Code, 288, subd. (a)), but in a plea bargain the prosecutor amended the complaint to include a second count of sexual battery ( 243.4, subd. (a)), and in return for a stipulated sentence of four years in prison, appellant pled guilty to sexual battery. At the sentencing hearing in 2007, in addition to imposing the agreed four-year prison term, the trial court made the following orders: (1) appellant was to have no contact with the victim pursuant to section 1202.05, and (2) appellant was to be released to the U.S. Bureau of Immigration and Customs Enforcement Office (ICE) upon completion of his prison commitment. Appellant appealed, arguing the trial court exceeded its authority in issuing the latter two orders. Court agree and shall vacate the disputed orders but otherwise affirm the judgment.
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