Defendant Ronald Dean Selga pled guilty to stalking Christina Reyes, his ex-girlfriend and the mother of his child (Pen. Code, 646.9, subd. (a)), possessing methamphetamine (Health & Saf. Code, 11377) and misdemeanor disobeying a court order (273.6). Five other counts were dismissed and defendant agreed to a stipulated sentence whereby he was granted five years probation including service of 360 days in jail. Defendant appeals from the imposition of a criminal protective order under section 1203.097, subdivision (a)(2), issued to protect Reyess current boyfriend, Julian Huck, contending defendant is not a person protected within that statute and therefore the criminal protective order is invalid. We agree. We shall strike the section 1203.097 protective order and shall remand the matter to the trial court to allow it to exercise its discretion whether to enter a protective order as a general condition of probation under section 1203.1.
