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In re L.W.

California Court of Appeals, Second District, Sixth Division

January 7, 2020

IN RE L.W., a Person Coming Under the Juvenile Court Law.
v.
L.W., Defendant and Appellant. The People, Plaintiff and Respondent,

         [257 Cal.Rptr.3d 317] Superior Court County of Los Angeles, Fred J. Fujioka, Morton Rochman, Judges (Super. Ct. No. PJ52813)

Page 45

[Copyrighted Material Omitted]

Page 46

          COUNSEL

         Courtney M. Selan, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

         Xavier Becerra, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Zee Rodriguez and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

          OPINION

         PERREN, J.

Page 47

          L.W. was charged in a juvenile wardship petition with committing sexual battery against two minor females. (Welf. & Inst. Code,[1] § 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.

         L.W. appeals from both the temporary restraining orders and the three-year restraining order.[2] 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

         In 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.

         On 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 ...


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