People v. Race

*213Defendant and appellant, Timothy Rueben 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. ( Pen. Code, §§ 664, 288, subd. (a).)1 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 section 2933.1. The court additionally issued a 10-year criminal protective order pursuant to section 136.2, subdivision (i)(1) as to both defendant's daughter and niece.

On appeal, defendant…