Can a trial court order the use of a fictitious name in a case that does not involve a sex offense?

California, United States of America


The following excerpt is from People v. Cedillo, E061699 (Cal. App. 2015):

It is not at all clear that a trial court can order the use of a fictitious name in a case that does not involve a sex offense. (See People v. Ramirez (1997) 55 Cal.App.4th 47, 53.) And even in a sex offense case, a victim is not supposed to be referred to by a fictitious name unless the trial court finds that a fictitious name "is reasonably necessary to protect the privacy of the person and will not unduly prejudice the prosecution or the defense." (Pen. Code, 293.5, subd. (a).) Here, the trial court never made any such finding. As far as the record shows, there was no reason to protect the victim's privacy any more than any victim's in any criminal case.

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