California Court of Appeals, Second District, Sixth Division
IN RE L.W., a Person Coming Under the Juvenile Court Law.
L.W., Defendant and Appellant. The People, Plaintiff and Respondent,
Cal.Rptr.3d 317] Superior Court County of Los Angeles, Fred
J. Fujioka, Morton Rochman, Judges (Super. Ct. No. PJ52813)
[Copyrighted Material Omitted]
M. Selan, Los Angeles, under appointment by the Court of
Appeal, for Defendant and Appellant.
Becerra, Attorney General, Lance E. Winters, Senior Assistant
Attorney General, Zee Rodriguez and Stephanie C. Santoro,
Deputy Attorneys General, for Plaintiff and Respondent.
was charged in a juvenile wardship petition with committing
sexual battery against two minor females. (Welf. & Inst.
Code, § 602; Pen. Code, § 243.4, subd.
(e)(1).) Prior to adjudication, and without any prior notice
to L.W. or his counsel, the juvenile court issued temporary
restraining orders against appellant as to the two alleged
victims pursuant to section 213.5 and rule 5.630 of the
California Rules of Court (rule 5.630). Following a noticed
hearing held prior to adjudication, the court issued a
three-year restraining order as to both alleged victims.
appeals from both the temporary restraining orders and the
three-year restraining order. He contends the temporary
restraining orders were erroneously granted without notice,
and that the three-year restraining order was not supported
by substantial evidence. We agree with the first contention
but reject the second. We affirm.
FACTS AND PROCEDURAL HISTORY
February 2018, appellant (who was then 14 years old) was
charged in a section 602 petition with assault with a deadly
weapon (Pen. Code, § 245, subd. (a)(1)), false imprisonment
by violence (id., § 236), and resisting a peace
officer (id., § 148, subd. (a)(1)). He was ordered
detained. Pursuant to a negotiated disposition, appellant
[257 Cal.Rptr.3d 318] admitted the assault and the court
sustained the petition as to that count, dismissed the other
counts, and ordered appellant placed home on probation with
various terms and conditions.
October 5, 2018, appellant was charged in a subsequent
wardship petition with committing sexual battery against
14-year-old minors S.G. (count 1) and C.M. (count 2). At the
November 13, 2018 arraignment hearing, the prosecutor
requested that the court issue temporary restraining orders
against appellant as to S.G. and C.M. Defense counsel
objected on the ground that the prosecution had not ...