P. v. Simon
The juvenile court in 1998 found John Gene Simon had committed a sex offense which subjected him to the registration requirements for sex offenders under Penal Code section 290 (all statutory references are to this code unless otherwise noted). In June 2005, Simon pleaded guilty to four counts of auto burglary. The trial court granted Simon probation after Simon agreed to follow certain terms and conditions, including a six-month jail term and a promise to violate no law. The trial court found Simon violated his probation when he failed to register as a sex offender after his release from custody on the six-month jail term for the auto burglaries.
Simon appeals the trial courts finding he violated probation, arguing section 290 is unconstitutionally vague as applied to him. He also challenges the sufficiency of the evidence to support the courts finding he willfully failed to register after his release from custody. Even if sufficient evidence supports the courts order, Simon contends the court abused its discretion in revoking probation. For the reasons stated below, Court affirm.
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