At sentencing, can an order of no contact be imposed under section 1202.05 of the California Penal Code?

California, United States of America


The following excerpt is from People v. White, F067535 (Cal. App. 2015):

At sentencing, the trial court orally imposed an order of no visitation under section 1202.05, but the abstracts of judgment state an order of no contact was imposed under section 1202.01. This appears to be a clerical error as there is no section 1202.01 in the California Penal Code, and the trial court referenced the correct statute, section 1202.05, when entering the order. As clerical errors are subject to correction on appeal, we will order the abstract corrected to include an order of no visitation under section 1202.05, rather than an order of no contact under section 1202.01. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

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