Legal Opinion

People v. Ponce

California Court of Appeal

Decided March 25, 2009No. B209918PublishedCited by 27 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

Here we advise judicial restraint when issuing a restraining order.

Ruben Ponce appeals a sentencing order made after his no contest plea to second degree robbery (Pen. Code, § 211) and his admission that he committed the offense for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)). Ponce was sentenced to an aggregate term of 13 years in state prison. We conclude, among other things, that the trial court erred by issuing a three-year protective order against Ponce per section 136.2 at sentencing. There was no evidence that Ponce had threatened witnesses during the…

2Cases cited9 opinions

  1. People v. BradleyCalifornia Supreme Court · 1969
  2. People v. SmithCalifornia Supreme Court · 2001
  3. Townsel v. Superior CourtCalifornia Supreme Court · 1999
  4. Bitter v. United StatesSupreme Court of the United States · 1967
  5. United States v. Michael L. MorrisCourt of Appeals for the Seventh Circuit · 2001

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3Cited by27 opinions

  1. Couch v. Telescope Inc.Court of Appeals for the Ninth Circuit · 2010
  2. People v. RobertsonCalifornia Court of Appeal · 2012
  3. People v. ScottCalifornia Court of Appeal · 2012
  4. Babalola v. Superior CourtCalifornia Court of Appeal · 2011
  5. People v. PerezCalifornia Court of Appeal · 2009

22 more not listed; retrieve them via the Exa API.

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