California v. Race

Defendant-appellant Timothy Race pled no contest to attempted lewd and lascivious acts on a child under the age of 14, the lesser included offense of the count 2 charge. Pursuant to the plea agreement, the court sentenced defendant to the upper term of four years’ imprisonment. The court limited defendant’s conduct credit award to 15 percent pursuant to Penal Code section 2933.1. The court additionally issued a 10-year criminal protective order pursuant to section 136.2(i)(1) as to both defendant’s daughter and niece. On appeal, defendant contended the court erred in issuing a criminal protective order as to his daughter, the victim described in count 1 of the information, because he did not plead to any offense with respect to her. Thus, defendant argued his daughter was not a “victim” for purposes of issuing a criminal protective order. Defendant additionally argued the court erred in limiting his award of conduct credits to 15 percent pursuant to section 2933.1. The Court of Appeal reversed and remanded for a proper custody calculation and correction of certain minute orders. In all other respects, the judgment was affirmed. View "California v. Race" on Justia Law