People v. Hooks CA3

── People v. Hooks CA3 ── Court: California Court of Appeal Date: April 20, 2026 Category: General Filed 4/20/26 P. v. Hooks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) THE PEOPLE, C102670 Plaintiff and Respondent, (Super. Ct. No. 24CR-001424) v. BRADLY GUNNAR HOOKS, Defendant and Appellant. Defendant Bradly Gunnar Hooks pled guilty to assault with a semiautomatic firearm (Pen. Code,1 § 245, subd. (b)) and admitted an allegation that he personally used a firearm (§ 12022.5, subd. (a)). Consistent with the plea agreement, the trial court sentenced Hooks to 13 years in state prison. Hooks appeals issuance of a criminal protective order under section 136.2, subdivision (i) and now contends the trial court erred in issuing a protective order because his conviction is not an enumerated offense under section 136.2, subdivision (i). We conclude Hooks has failed to meet his burden on appeal because the record does not support his claim. We affirm the order. BACKGROUND Hooks drove to the victim’s hotel room, got out of his car, and shot at the victim at least three times. The victim dove out of the way and tried to run back to her hotel room. 1 Undesignated statutory references are to the Penal Code. 1 Hooks went back to his car and shot at the victim two more times, at one point saying, “die hoe ass bitch.” When the victim got back to her room, she retrieved a handgun and shot at Hooks, twice. Hooks got in his car and drove away. An information charged Hooks with attempted murder (§§ 664/187, subd. (a); count I), assault with a semiautomatic firearm (§ 245, subd. (b); count II), and shooting at an inhabited dwelling (§ 246; count III). It was further alleged as to the attempted murder charge that Hooks personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and as to the assault with a semiautomatic firearm charge that Hooks personally used a firearm (§ 12022.5, subd. (a)). Hooks pled guilty to assault with a semiautomatic firearm (§ 245, subd. (b)) and admitted the personal use of a firearm enhancement (§ 12022.5, subd. (a)). Hooks agreed to a stipulated sentence of the upper term of nine years for the assault conviction plus a consecutive four years for the firearm enhancement for a total of 13 years in state prison. The remaining counts and enhancement were dismissed. The trial court sentenced Hooks to 13 years in state prison pursuant to the plea agreement. At the prosecution’s request, the trial court issued a criminal protective order under section 136.2, subdivision (i) prohibiting contact with the victim for a term of three years. Hooks did not object. Hooks filed a timely notice of appeal. DISCUSSION Hooks contends the trial court erred in issuing a criminal protective order pursuant to section 136.2, subdivision (i) because his conviction for assault with a semiautomatic firearm (§ 245, subd. (b)) is not an offense enumerated under the statute. The People assert Hooks forfeited this contention by failing to object in the trial court. However, as stated in People v. Ponce (2009) 173 Cal.App.4th 378: “As a general rule, an appellant waives issues on appeal that he or she did not initially raise in the trial court. [Citation.] But