California Court of Appeal

In a case wherein a criminal protective order under Penal Code section 1203.097 was imposed on defendant requiring him to stay away from his ex-girlfriend's current boyfriend as a probation condition, the order is stricken and remanded for consideration of a similar order under another Code section where the boyfriend was not a person protected within Penal Code section 1203.097, and thus, the criminal protective order was invalid.

Appellate Information

• Decided 04/22/2008
• Published 04/22/2008

Judges

• SIMS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Offices of Allen G. Weinberg, Beverly Hills, and Derek K. Kowata, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys General, Charles A. French, and Robert C. Nash, Deputy Attorneys General, for Plaintiff and Respondent.