People v. Corrales
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After defendant set fire to a palm tree next to a strip mall, he was convicted of misdemeanor unlawful burning of the property of another. The trial court then ordered defendant to stay 100 years away from the building adjacent to the palm tree.
The Court of Appeal agreed with defendant that the trial court lacked authority to issue a protective order requiring defendant to stay away from the building adjacent to the palm tree that he set on fire. The court held that the order exceeded the authorization of Penal Code section 136.2 and must be stricken. Furthermore, there are no other statutes authorizing such unlimited postjudgment restraining orders based on the misdemeanor conviction defendant sustained.
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