California Court of Appeal

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People v. Moses, G044482

Conviction and sentencing of defendant on one count of violating Penal Code section 288(a) is affirmed as modified where substantial evidence showed defendant acted with the specific intent to gratify his own or the victim's sexual desires and the trial court did not err in modifying the standard jury instruction on unanimity, but where, as contained in the preprinted form of probation conditions used in the Superior Court, several of the defendant's probation conditions are unconstitutionally overbroad because they fail to adequately inform defendant of whether his conduct will comply with the probation conditions.

Appellate Information

  • Decided 09/20/2011
  • Published 09/20/2011

Judges

  • FYBEL

Court

  • California Court of Appeal

Counsel

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