People v. Corrales

Filed 4/13/20 (unmodified opinion attached) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B297181

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA472326) v. ORDER MODIFYING OPINION JUAN F. CORRALES, AND DENYING PETITION FOR REHEARING Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT: IT IS ORDERED that the opinion in the above-entitled matter filed on March 10, 2020, be modified as follows: 1. On page 1, in the listing of counsel, Acting Senior Assistant Attorney General’s name is corrected to read Susan Sullivan Pithey.

2. On page 3, the last sentence of the first paragraph under DISCUSSION is deleted and replaced as follows: “Accordingly, section 136.2 generally does not authorize a trial court to impose a postjudgment restraining order against a criminal defendant. (Id., at p. 382.) We emphasize for clarity that the postjudgment orders authorized by section 136.2, subdivision(i)((1) (see footnote 3, post), are not applicable to this set of facts.”

3. On page 5, the first sentence of the first full paragraph is deleted and replaced as follows: “While it may have been reasonable for the People to seek court intervention to protect the victims based on specific facts, section 136.2 is not the proper vehicle for obtaining a postjudgment restraining order because that statute authorizes protective orders only during the pendency of criminal proceedings, subject to inapplicable exceptions set out below.”

Plaintiff and Respondent’s petition for rehearing is denied. [There is no change in the judgment.]

______________________________________________________________________ BIGELOW, P. J. GRIMES, J. STRATTON, J.

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Filed 3/10/20 (unmodified opinion) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA