Moses

People v. Moses

Caution
131 Cal. Rptr. 3d 106·199 Cal. App. 4th 374·2011 Cal. App. LEXIS 1206
Court of Appeal of CaliforniaSeptember 20, 2011No. G044482California2,358 words

Opinion

Lead Opinion

Fybel, J.

Summary of Conclusions, Holding, and Reason for Publication

Defendant John Stuart Moses was convicted of a single count of violating Penal Code section 288, subdivision (a). He challenges his conviction, and *376 many of the probation conditions imposed by the trial court. We conclude substantial evidence showed defendant acted with the specific intent to gratify his own or the victim’s sexual desires, and the trial court did not err in modifying the standard jury instruction on unanimity.

We hold that several of the probation conditions are unconstitutionally overbroad because they fail to adequately inform defendant whether his conduct will comply with the probation conditions. We direct the trial court to modify those probation conditions to include a knowledge requirement, and to strike certain other probation conditions. We publish this portion of the opinion because each of the probation conditions we are directing the trial court to modify or strike is part of a four-page, preprinted form of probation conditions used in the Orange County Superior Court, apparently since 2003, entitled “Superior Court of California, County of Orange Sex Offender Terms and…

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