People v. O'Connor CA4/1

BACKGROUND

At the preliminary hearing, the victim, M.V., who was 17 years old at the time of

trial, testified that that year she decided to talk to a counselor and later the police about

O'Connor's sexual molestation of her, which started when she was approximately eight or

nine years old. M.V. was worried that O'Connor might be sexually molesting his

Statutory references are to the Penal Code. 2 biological daughter, who was about eight years old, and had started "acting weird at

home," and "acting a lot more sexually mature than kids her age should be."

The court sentenced O'Connor according to the plea agreement's terms, and issued

a 10-year protective order under section 646.9, subdivision (k), barring him from

contacting both M.V. and his biological daughter.

DISCUSSION

The People concede, and we agree, the court's protective order was not authorized

under section 646.9, subdivision (a) because O'Connor was not convicted under that

statute, which deals with stalking. Rather, his conviction was for committing a lewd act

upon a child under section 288.5, subdivision (a). Accordingly, the protective order must

be…