Does a criminal protective order issued against a convicted rapist have to be reviewed on appeal?

California, United States of America


The following excerpt is from People v. Brooks, H037775 (Cal. App. 2013):

orders as statutorily unauthorized does not preclude appellate review, since a claim that a sentence is unauthorized may be raised for the first time on appeal. (People v. Robertson (2012) 208 Cal.App.4th 965, 995-996.

We also agree that the criminal protective orders imposed in this case were not authorized by the version of section 136.2 that was in effect when defendant was sentenced in December 2011. At that time, former section 136.2, subdivision (a) "authorize[d] the trial court in a criminal case, 'upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur,' to issue orders (generally referred to as 'criminal protective orders') including an ex parte no-contact or stay-away order pursuant to Family Code section 6320; an order that the defendant or any other person before the court not violate any provision of section 136.1, which prohibits intimidation of victims or witnesses; an order that the defendant have no communication with the victim or a specified witness except through an attorney; and an order protecting the victim of a violent crime from all contact by the defendant." (Babalola v. Superior Court (2011) 192 Cal.App.4th 948, 950, fn. omitted.)

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
Can a defendant appeal against his conviction and sentence for two separate criminal convictions arising from the same criminal case? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
What is the result of an appeal in the Superior Court of Appeal against the conviction and sentence of a convicted rapist? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.