People v. Martinez CA5

DISCUSSION

Defendant contends the trial court erred in ordering a criminal protective order protecting M.F. as part of defendant’s sentence and disposition. The People agree, as do we. A. Background On August 17, 2021, the day after the complaint against defendant was filed, the trial court issued two criminal protective orders under section 136.2. One named A.C. as the protected person, and the other named M.F. as the protected person.

The August 17, 2021, protective order as to M.F. was authorized under the law, given that M.F. was the named victim in count 5, a charge of dissuading a witness from prosecuting a crime (§ 136.1, subd. (b)(2)). Under section 136.2, a court with jurisdiction over a pending criminal proceeding may issue a protective order upon good cause belief that dissuasion of a victim has occurred or is reasonably likely to occur. (§ 136.2, subd. (a)(1).) The statutory authority for the order expired, however, when the trial court sentenced defendant to state prison, terminating its jurisdiction over the criminal proceeding. Accordingly, the trial court terminated both August 17, 2021, protective orders upon sentencing defendant to state…