People v. Ebarb CA6
Opinion
Opinion
I. INTRODUCTION
Defendant Joshua Michael Ebarb was convicted by jury of a lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a)). The trial court placed defendant on probation with various terms and conditions, including that he may not socialize with anyone who has physical custody of a minor unless approved by the probation officer. The court also ordered defendant to pay a criminal justice administration fee of $129.75. On appeal, defendant contends that: (1) the trial court abused its discretion and violated his right to due process by admitting evidence of uncharged sexual misconduct; (2) the probation condition prohibiting him from socializing with a person who has custody of a minor is unconstitutionally overbroad and vague; and (3) the criminal justice administration fee must be vacated based on a change in the law that went into effect after he was sentenced. For reasons that we will explain, we will order (1) the probation condition restricting socialization be modified and (2) the portion of the criminal justice administration fee that remained unpaid as of July 1, 2021 be vacated. We will affirm the order of probation as so modified.