P. v. Babino
Defendant Ronald Keith Babino pled no contest to a felony -- welfare fraud -- as well as a misdemeanor -- making threatening or annoying phone calls. Four other charges were dismissed in the interest of justice. On appeal defendant contends: (1) the imposition of two restitution fines, one for each count, violated Penal Code[1] section 1202.4, which mandates one restitution fine per case; and (2) the probation condition limiting his future associations and locations is unconstitutional because it lacks a sufficient knowledge requirement and is therefore overly broad and vague. Court agree on both points. Accordingly, we will modify the judgment (order granting probation) by striking the second restitution fine and by narrowing the probation condition and will affirm the judgment as modified.
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