P. v. MacIsaac
Filed 6/28/06 P. v. MacIsaac CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. STEVEN RANDALL MacISAAC, Defendant and Appellant. | G035163 (Super. Ct. No. 03SF0489) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Pamela Lee Iles, Judge. Affirmed as modified.
Paul R. Ward, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Felicity Senoski, Deputy Attorneys General, for Plaintiff and Respondent.
Steven MacIsaac appeals from a judgment in which the court terminated his probation, sentenced him to prison and issued a protective order. He contends he did not receive adequate due process and the court lacked jurisdiction to issue the protective order. His second contention is, as the Attorney General concedes, well taken. However, other than striking the protective order, we affirm the judgment in its entirety.
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On October 2, 2003, MacIsaac pleaded guilty to inflicting corporal injury on his wife. The court suspended imposition of sentence and granted MacIsaac five years' formal probation. The court also ordered MacIsaac to stay away from his wife and daughter and issued a five-year protective order to effectuate that order.
About a year later, on September 28, 2004, probation officer Annette Fouste filed a petition alleging MacIsaac violated his probation on two occasions, once by using marijuana and another time by drinking alcohol. Fouste recommended MacIsaac's probation be revoked and reinstated with the additional condition that he serve 90 days in local custody.
On November 22, 2004, MacIsaac admitted he violated probation. The court then set the matter for sentencing and ordered the probation department to prepare a formal sentencing report.
Probation officer Sheree Arkyns prepared the report, which was quite lengthy. She wrote that MacIsaac â€
