Can a judge strike down an indefinite order to stay away from the victim?
California, United States of America
The following excerpt is from People v. Fernandez, D067551 (Cal. App. 2016):
Fernandez contends the broad and indefinite order to stay away from the victim was unauthorized and should be stricken. (People v. Barnwell (2007) 41 Cal.4th 1038, 1048, fn. 7 ["[a] claim that a sentence is unauthorized may be raised for the first time on appeal, and is subject to correction whenever the error comes to the attention of the reviewing court"].) We agree.
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