Wednesday, May 20, 2015

People v. Therman (Cal. Ct. App. - May 20, 2015)

Defendant says that the trial court erred by imposing a no-contact order with the victim for five years.  The Attorney General agrees, and confesses error.

The Court of Appeal says:  Wrong.

Justice Robie says:  "You guys forgot about the amendment.  You're right that Section 136.2 only authorized prejudgment no-contact orders, and this one was post-judgment.  But the statute was amended in 2012, two years before this guy's conviction and sentence.  After the amendment, the statute now authorizes post-judgment no-contact orders too.  End of story."

That's why we have the Court of Appeal take its own look at things, eh?