What is the effect of a court's order under section 1203.1, subdivision (i)(2) of the California Probation Code requiring a defendant not to harass, intimidate or threaten the victims or their families?

California, United States of America


The following excerpt is from People v. Escobar, G057754 (Cal. App. 2020):

Here, ostensibly applying section 1203.1, the court ordered defendant to not harass, intimidate, or threaten the victims or their families. Section 1203.1, subdivision (i)(2), authorizes a court to "order as a condition of probation . . . that the defendant stay away from the victim and . . . have no contact with the victim in person, by telephone or electronic means, or by mail." Both parties agree the court's order under section 1203.1 was unauthorized and should be stricken because defendant was not placed on probation but was instead sentenced to prison. (See People v. Scott (2012) 203 Cal.App.4th 1303, 1325 [ 1203.1, subd. (i)(2) "applies only where a defendant is placed upon probation"].) We agree with the parties.

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