Fromuth

Defendant Ryan Jhong Fromuth was convicted by jury trial of violating Penal Code section 288.4, subdivision (b). Section 288.4 provides: “Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to be a minor for the purpose of . . . engaging in lewd or lascivious behavior” and “who goes to the arranged meeting place at or about the arranged time” commits a felony. Defendant was granted probation.

On appeal, he makes two related contentions premised on his assertion that the “motivated by” element of the offense requires that the motivation be a “substantial factor” in the commission of the proscribed conduct. He asserts that the jury’s verdict is not supported by substantial evidence that the required motivation was a substantial factor and that the trial court prejudi-cially erred in failing to give a substantial factor instruction. Defendant also contends that the trial court prejudicially erred in refusing to instruct on entrapment, that his trial counsel was prejudicially deficient in failing to object to the court’s imposition of probation services fees in the absence of…