California v. Sandoval

An information charged defendant Marco Sandoval with inflicting corporal injury on a spouse resulting in a traumatic condition (count 1) and making a criminal threat (count 2); defendant had suffered two prison and two strike priors. The charges arose out of a 2016 incident in which defendant punched his wife, A.H., choked her to the point of unconsciousness, and threatened to kill her if she left him. He pleaded no contest to count 1 and admitted one prison prior. The plea included a stipulated five-year upper term, suspended; three-years felony probation; and a dismissal of count 2 and all additional allegations in the information. At sentencing, over the objections of defendant and A.H., the court reissued a criminal protective order (CPO) using Judicial Council form CR-160 preventing defendant from initiating any contact whatsoever with A.H. for three years. Defendant's sole contention on appeal was that the court erred in refusing to terminate the CPO or otherwise modify it to allow some contact between him and A.H. Respondent the State agreed with defendant and requested that this case be remanded to allow the trial court to consider a more narrowly tailored protective order. The Court of Appeal affirmed the CPO with a minor modification: to allow A.H. to initiate contact, if any, with defendant that was acceptable and welcomed by her. View "California v. Sandoval" on Justia Law