P. v. Aduddell
Filed 8/28/06 P. v. Aduddell CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
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| THE PEOPLE, Plaintiff and Respondent, v. GEORGE THOMAS ADUDDELL, Defendant and Appellant. | C050880
(Super. Ct. No. 04F1682)
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Defendant molested his stepdaughter. Pursuant to a plea agreement, the trial court sentenced defendant to state prison for six years but suspended the sentence and placed defendant on probation with a condition that he neither contact nor be in the presence of the victim. Defendant went to the restaurant where the victim worked and smirked or glared at her through the window. Based on this conduct, the trial court found defendant violated probation and committed him to state prison to serve his six-year term.
On appeal, defendant asserts the probation condition was unconstitutionally vague and the evidence did not support a finding he violated the condition. We affirm.
BACKGROUND
Based on a 1996 incident, defendant was charged, in 2004, with two counts of lewd acts with a child (his stepdaughter) under 14, with an enhancement of substantial sexual conduct, and oral copulation of a child under 14. Pursuant to a plea agreement, defendant pled guilty to one count of committing a lewd act on a child under 14, and the remaining counts were dismissed. The court placed defendant on probation with conditions that he serve 240 days in county jail and â€
