Urke

Following his conviction for violating Penal Code section 288, defendant Matthew David Urke was placed on probation under various terms and conditions, including one which prohibited him from being “in the presence of any minor under the age of 18 without a responsible adult present that has been previously approved by [defendant’s] probation officer, except [his] own siblings.” 1 Following defendant’s fourth probation violation, three of which involved being in the presence of minors, defendant’s grant of probation was revoked, and he was committed to state prison for six years.

On appeal, defendant asserts (1) the foregoing probation condition is unconstitutionally vague and overbroad; (2) the trial court further violated his constitutional rights by modifying this probation condition and finding that he violated the modified condition; (3) the trial court should have awarded him custody credit for time served in the county jail following two of his probation violations because he did not knowingly and intelligently waive his entitlement to this custody credit; and (4) the trial court improperly imposed two restitution fines.

As we explain, we need not decide whether…