P. v. Cruz CA2/5
A jury found defendant Martin Cruz guilty of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1) and disobeying a domestic relations court order in violation of section 273.6, subdivision (a). At sentencing, the trial court issued a 10-year domestic violence protective order pursuant to section 136.2, subdivision (i)(1) for the protection of victim A.F., who was defendant’s neighbor.
On appeal, defendant contends the trial court erred by issuing the domestic violence protective order because there was no statutory authority to do so. The Attorney General concedes and we agree that the court erred in issuing the protective order. Thus, we will modify the judgment to strike the protective order and affirm the judgment as modified.
Comments on P. v. Cruz CA2/5