Error and/or relief
The trial court was not authorized to include a nonvictim step-granddaughter as a protected person in a protective order issued under section 136.2(i)(1).
Holding:
Section 136.2(i)(1) provides that When a criminal defendant has been convicted of a crime that requires the defendant to register pursuant to section 290(c), the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of the crime. To be included as a protected person under section 136.2(i)(1), the person must be a victim of one of the registrable offenses of which the defendant was convicted. The jury did not convict the defendant of any charges against [Person A] for whose benefit the protective order was issued. The trial court therefore was not authorized to include [Person A] as a protected person in the protective order issued under section 136.2(i)(1).
Authority:
PEN 136.2
People v. Walts (2025) 112 Cal.App.5th 127, 142-143