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.)
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