People v. Thoman

Opinion

JEFFERSON, P. J.

Defendant was charged in an amended information with the crime of exposing his private parts in public, in violation of Penal Code section 314, subdivision 1. The amended information also alleged three prior convictions of violating section 314, subdivision 1 of the Penal Code, thus making his alleged crime a felony.

Defendant, out of the presence of the jury, admitted the three prior convictions as alleged in the amended information. The jury found defendant guilty as charged.

The court granted defendant probation for a period of five years upon certain terms and conditions, one of which was a one-year jail sentence. Defendant appeals from the judgment (order granting probation).

Judith Lindsay, age 16 years, was standing on the corner of Higuera and Marsh Streets on March 8, 1971. She observed defendant driving a green Firebird. She also observed that the defendant was not wearing pants; he was masturbating his erected penis with his right hand and looking in her direction. He was about 5 feet from her as his car turned the corner. After defendant drove past her, she turned away and started walking up Marsh Street; she next observed defendant in a Shell station, She walked into the Shell station and went to the restroom. She came out of the restroom and continued to walk up Marsh Street. Defendant drove out of the station and passed by her but she could see only his head and shoulders. She crossed the street and went to a store, Foster Freeze, and met a friend Mark Pruess. Defendant drove by the parking lot of the store while she was there. Miss Lindsay left the parking lot of Foster Freeze, crossed the street to Jordano’s and called her mother to report what she had seen concerning defendant; her mother called the police.

Miss Lindsay testified that on a prior occasion, on October 28, 1970,

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at approximately 8:30 a.m. she was walking to school when defendant passed her. He parked his car and called her over to his automobile. She went to his automobile and as she leaned to see what he was going to say she noticed what he was doing. In response to a question by the prosecutor which was “What was he doing?” she replied, “Masturbating.” She related that she went on to her high school and reported the incident to the attendance girl and the police were called.