P. v. Brooks
Defendant Dandrea Brooks pleaded no contest to two counts of forcible rape (Pen. Code, § 261, subd. (a)(2))[1] in exchange for a stipulated sentence of 32 years in the state prison and dismissal of the remaining counts. The trial court sentenced defendant in accordance with the negotiated disposition and, among other things, imposed 10-year criminal protective orders as to each of the two rape victims (§ 136.2) and granted 768 days of presentence custody credit (§ 2900.5).
On appeal, defendant contends that the criminal protective orders were not authorized under section 136.2 and his presentence custody credits total 777 days when calculated correctly. The People concede that the 10-year criminal protective orders were not authorized under the version of section 136.2 in effect at the time of defendant’s sentencing. In a subsequent letter to this court, defendant concedes that his presentence custody credits were correctly calculated. As we will explain, we find both concessions appropriate and we will strike the protective orders.
Defendant has also filed a petition for writ of habeas corpus, which this court ordered considered with the appeal. In his petition, defendant raises an issue concerning the adequacy of the trial court’s advisement regarding the plea consequence of lifetime sex offender registration under section 290. We have disposed of the habeas petition by separate order filed this date. (See Cal. Rules of Court, rule 8.387(b)(2)(B).)
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