Wardlow

People v. Wardlow

Good Law
1991 Cal. App. LEXIS 107·227 Cal. App. 3d 360·278 Cal. Rptr. 1·91 Daily Journal DAR 1571
Court of Appeal of CaliforniaJanuary 11, 1991D011189California3,106 words

Opinion

Opinion

Kremer, J.

Phillip Eugene Wardlow pleaded guilty to four counts of child molesting (Pen. Code, § 288, subd. (a)). On appeal, he challenges conditions imposed on his probation involving a waiver of Fourth Amendment rights; a prohibition against associating with two of his brothers; and orders of restitution involving the victims’ medical and psychological treatment. We find merit to Wardlow’s contentions concerning the number of victims and concerning payment of restitution to Medi-Cal, the victim’s assistance fund and the sheriff’s department and, therefore, reverse and modify in part. In all other respects, we affirm.

Factual and Procedural Background

Between September 1988 and May 1989, Wardlow, who was then 18 years old, molested 4 neighborhood boys while he was babysitting. Ward-low’s brother, James, also molested some of these same boys while James was babysitting. Additionally, a young sister of one of the boys told authorities Wardlow had exposed himself to her and had touched her in the crotch area.

Wardlow admitted molesting three of the boys but adamantly denied molesting the fourth boy or the girl. He said the reason he molested the children was because his brother,…

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