People v. Gant CA1/1

Filed 6/11/25 P. v. Gant CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A169979 v. LLOYD DEMETRIUS GANT, (Alameda County Super. Ct. No. 23-CR-005640) Defendant and Appellant.

Defendant Lloyd Demetrius Gant was convicted by a jury of one count of indecent exposure. Gant contends the trial court erred by failing to instruct sua sponte on unanimity. Because Gant was engaged in a continuous course of conduct, the court was not required to sua sponte give a unanimity instruction, and any error in failing to do so was harmless anyway. We therefore affirm. I. BACKGROUND Phan T. worked as a manicurist at a salon in Fremont. At about 3:00 p.m. on June 10, 2023, Gant entered the salon and asked for a manicure and pedicure. When Phan brought water for his feet, Gant unzipped his pants and lifted his shirt, exposing his penis. Phan told him to “be nice,” and Gant responded by pulling down his shirt. Phan placed a towel over Gant’s lap and gave him a pedicure. Afterwards, she refused to give him a manicure. Gant would not leave the salon, so Phan left to find security.

About 3:20 p.m., Briauna T. and Demetria J. were outside the salon when Phan approached them and asked for help because there was “a crazy person” in the salon. When Briauna and Demetria entered the salon, everything initially seemed normal. Upon sitting in a chair, Briauna noticed Gant staring at them “very, very hard.” He kept staring at Demetria, so Demetria asked him if they knew each other. Gant said nothing and just smiled. At that point, Demetria noticed that Gant’s pants were unzipped, and, while continuing to look at her, he pulled his penis out. He stood up and walked towards Demetria. Demetria stood in front of Briauna, and they yelled at Gant to stay back. Gant was smiling and touching his chest. There was one other customer in the salon, Divya D., and she also saw Gant’s penis when he stood up. Divya called 911. When Gant was about a foot away from Briauna and Demetria, he undressed, taking off his shirt, pants, and underwear, and he said, “Come on. . . . [Y]ou said you was going to suck [my] dick.” Briauna and Demetria yelled at him to put his clothes back on. He ignored them and, according to Briauna, touched Demetria’s right breast. Demetria slapped his hand and told him not to touch her. He turned towards Briauna, but she grabbed a receipt holder and threatened to stab him with it. Gant eventually put his clothes back on, though his penis was still exposed, and the police arrived shortly thereafter. Gant refused to comply with the responding officers’ orders to put his hands up and backup was called. It took five or six officers to detain him. After his arrest, Gant told officers that he believed he was playing a role in a pornographic film. Briauna testified at trial that Gant appeared “[o]ff” and like he was “not there.” Surveillance video from inside the salon