What is the test for a reversal of a restraining order against a man convicted of a "super strike" crime?

California, United States of America


The following excerpt is from People v. Delaflor, H041906 (Cal. App. 2016):

"super strike" offenses listed in section 667, subdivision (e)(2)(C)(iv).2 (See People v. Rivera (2015) 233 Cal.App.4th 1085, 1092.) "In exercising its discretion, the court may consider all of the following: [] (1) The petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes. [] (2) The petitioner's disciplinary record and record of rehabilitation while incarcerated. [] (3) Any other evidence the court, within its discretion, determines to be relevant . . . ." ( 1170.18, subd. (b).)

We first determine whether a reversal of the orders in this case would have any practical effect. " 'An action that involves only abstract or academic questions of law cannot be maintained. [Citation.] And an action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed.' [Citation.]" (People v. Herrera (2006) 136 Cal.App.4th 1191, 1198 (Herrera).)

Page 7

Other Questions


Does a conviction for breaking into the home of a restraining order holder's home constitute the basis of the conviction for violating the restraining order? (California, United States of America)
If a restraining order is renewed automatically, is the mere issuance of the original restraining order sufficient to trigger the renewal of the restraining order? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a judge strike down a protective order against a defendant who has been convicted of a crime involving domestic violence or any crime requiring registration as a sex offender? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (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)
When will a judge reverse an order requiring the mother to obtain a temporary restraining order? (California, United States of America)
What is the test for a reversal of a sentence for a convicted criminal convicted of a prior serious or violent crime? (California, United States of America)
Can a restraining order be used to determine who is the aggressor in a mutual restraining order? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.