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Name: People v. Cates
Case #: A121037
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 01/23/2009

Penal Code section 1203.097, which requires imposition of certain conditions of probation for crimes dealing with domestic violence, applies where the underlying facts of the case involve domestic violence, and not only where the crime of conviction is one that expressly targets domestic violence. By the terms of a plea bargain, appellant pled no contest to assault likely to produce great bodily injury, the victim being his former girlfriend. Charges of robbery and corporal injury on a former co-habitant were dismissed. Appellant was granted probation but no domestic violence counseling was initially ordered. At a later review hearing, on motion of the prosecuting attorney, the court imposed the domestic violence counseling condition pursuant to Penal Code section 1203.097, subdivision (a)(6). The appellate court affirmed the judgment, finding that the language of section 1203.097 is not ambiguous and applies to section 245, subdivision (a)(1), if the underlying facts involve a victim defined in Family Code section 6211, as they did in this case.