People v. Valadez CA5

DISCUSSION

I. The Trial Court Has Jurisdiction to Leave the Pretrial Protective Order in Place

During Defendant’s Probationary Period Because Imposition of Sentence Had Been Stayed and the Court Still Had Jurisdiction Over the Proceedings Section 136.2, subdivision (a)(1) provides that “[u]pon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders, including, but not limited to, the following: [¶] … [¶] (B) [a]n order that a defendant shall not violate any provision of [s]ection 136.1.” (§ 136.2, subd. (a)(1), italics added.) Courts have interpreted section 136.2 as limited to the pendency of a criminal action because it is aimed only at protecting victims and witnesses. (People v. Garcia (2022) 76 Cal.App.5th 887, 901 [invalid protective order under § 136.2 after defendant sentenced to prison]; People v. Robertson (2012) 208 Cal.App.4th 965, 971, 996 [cannot issue protective order under § 136.2 after defendant sentenced to prison unless convicted of domestic violence (§ 136.2, subd. (i))]; People v. Ponce (2009) 173 Cal.App.4th…