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Name: People v. Horton
Case #: B337373
Division: 8
Opinion Date: 20250513
Summary

Where the defendant was convicted of stalking and criminal threats but acquitted of criminal threats against the victim’s father, a protective order issued under PC 646.9(k) properly included the father. The standard for issuing a statutory protective order is not proof beyond a reasonable doubt but rather whether “some evidence” supports a finding defendant harmed or attempted to harm the father. However, the order that the defendant sentenced to prison not possess any dangerous or deadly weapons constituted an unauthorized sentence, as firearm (PC 29800) and ammunition (PC 30305) prohibitions for felons do not extend to other weapons.
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B337373.PDF