P. v. Villalpando
In a court trial, defendant was found guilty of two counts of lewd acts on a child under the age of 14 pursuant to Penal Code section 288, subdivision (a) with a further finding that in committing the lewd acts, defendant did not use force or violence within the meaning of section 1203.066, subdivision (a)(1), (2).) He was also found guilty of misdemeanor child abuse.
On appeal defendant challenges the imposition of his probation condition he not be in the presence of any person under the age of 18 whether with or without supervision. He contends the probation condition is unconstitutionally vague, and overbroad. Since his contentions have merit, Court shall modify the condition, and otherwise affirm the judgment.
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