May 22, 2023 – People v. Govan (2nd Dist., Div. 7, B316245)

The Court of Appeal holds that the trial court erred in requiring defendant to wear a restraint belt without making an individualized finding of safety or flight risk, where the reason for the restraint was that the trial was held in an unsecured room during the COVID-19 pandemic. The court also disagrees with People v. Caparaz (2022) 80 Cal.App.5th 669 and finds that PC 654, as amended by AB 518, applies to sentences imposed under the one strike law (PC 667.61), interpreting PC 667.61(h) as prohibiting probation but not the staying of a sentence under PC 654.