People v. Pena

Summary

The California Court of Appeal held that Penal Code section 136.2, subdivision (i)(1), authorizes a postconviction protective order only for a victim of a qualifying crime of which the defendant was convicted. Because Oscar Pena was convicted of misdemeanor sexual battery involving Evelin, but the protective order protected Nathaly, whose allegations were associated with counts on which the jury did not reach a verdict, the court vacated the protective order. The court also held that Pena's 364-day sentence for misdemeanor sexual battery was unauthorized and directed resentencing to six months in county jail.

Holdings

1. Section 136.2, subdivision (i)(1), authorizes a postconviction protective order only for a victim of one of the qualifying crimes of which the defendant was convicted. Because Pena was not convicted of a qualifying crime involving Nathaly, the trial court lacked authority to issue a protective order protecting her.
2. The 364-day jail sentence was unauthorized. Penal Code section 243.4, subdivision (e)(1), authorizes a jail sentence not exceeding six months, so the trial court was required to reduce Pena's sentence to six months.

Questions Presented

1. Whether Penal Code section 136.2, subdivision (i)(1), authorizes a postconviction protective order protecting a person who was alleged to be a victim of charges on which the jury did not convict the defendant.
2. Whether the trial court imposed an unauthorized 364-day jail sentence for misdemeanor sexual battery when Penal Code section 243.4, subdivision (e)(1), authorizes no more than six months.

Disposition

reversed_and_remanded