People v. Smith CA3

DISCUSSION

Defendant contends, and the People agree, the no-visitation order between defendant and the victim was improper for two reasons. First, the parties agree that the offenses to which defendant pled do not provide a proper basis for the issuance of a section 1202.05 no-visitation order. Second, the parties also agree the no-visitation order was unauthorized regardless of whether defendant’s convictions otherwise would have provided grounds for its issuance because the victim was not a minor at the time of defendant’s sentencing. Section 1202.05, subdivision (a) requires trial courts to prohibit all visitation between defendants and their child victims when the defendants are sentenced to prison for violation of “Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or 289.” Here, defendant was convicted of violating section 236.1, subdivision (c)(1) and section 422, neither of which are among the offenses listed in section 1202.05, subdivision (a). In People v. Ochoa (2011) 192 Cal.App.4th 562, this court held that one of the conditions for the application of section 1202.05, subdivision (a) is that the defendant was sentenced to prison “for violating one of the…