California Court of Appeal

Revocation and reinstatement of probation with additional conditions for a sex offender registration violation are affirmed and modified over defendant's arguments that (a) his association with a probationer could not reasonably be found to be a violation of his probation because the probationer was his new girlfriend, and (b) the sexually explicit materials probation condition was unreasonable and unconstitutionally vague and overbroad, and it needed a knowledge requirement, where: 1) defendant forfeited his reasonableness challenge to the association condition by failing to object to that condition on reasonableness grounds when it was imposed; and 2) with respect to the sexually explicit materials condition, this condition is modified to require that defendant be made aware of what items fall within its scope.

Appellate Information

• Published 2016/09/27

Judges

• MIHARA

Court

• California Court of Appeal

Counsel