P. v. Gonzalez CA5
intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a)) and oral copulation or sexual penetration with a child 10 years of age or younger (§ 288.7, subd. (b)). The court sentenced him to 40 years to life in prison, imposed various fines and fees, and issued a no-visitation order pursuant to section 1202.05. That section requires a court to prohibit all visitation between an imprisoned defendant and a child victim if the defendant is convicted of at least one of certain enumerated sex offenses.
Gonzalez’s sole issue on appeal is that neither offense he pled no contest to is enumerated in section 1202.05, and therefore the no-visitation order issued thereunder was unauthorized and must be vacated. The People agree the section 1202.05 order must be vacated, but ask us to remand the matter for the trial court to consider issuing a restraining order under section 136.2, subdivision (i)(1). That subdivision requires a court, at the time of sentencin
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