People v. Sanchez

FILES, P. J.

Defendant was charged with three counts of indecent exposure, in violation of Penal Code section 314, subdivision 1. These offenses were alleged to have been committed on November 6 (count I), November 16 (count II) and November 23, 1964 (count III). The information charged a prior conviction for violating the same subsection. Defendant pleaded not guilty but admitted the prior conviction. For defendant’s benefit a Spanish language interpreter was sworn. The jury found defendant guilty on counts II and III, but acquitted him on count I. This appeal is from the judgment.

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Carol, a 14-year-old girl, testified that on the morning of November 6 en route to her junior high school with her friends Mary, Monica, Maria and Ramona, they saw a man exposing himself on the back steps of an apartment house. She did not see his face, but she was about 15 feet away. When she arrived at school she reported this to the principal.

On November 16, Carol, in the company of the same group of girls, saw the same man in the same place doing the same thing. This time she saw his face. This incident was also reported to the principal when the girls reached school. Carol pointed out the defendant in the courtroom as the man she was talking about.

Carol testified that on November 23 they saw the same man exposing himself on the porch of the same building. This time the man was “trying to hide” his face. The witness was about 30 feet from the defendant when this occurred. She could not remember which way defendant was facing this time, but on the first two occasions he seemed to be looking at the girls. The third occasion was also reported to the principal.

Mary, age 14, testified that she was with Carol and the others on all three occasions and saw defendant exposing himself. She did not see his face the first time, but did the second time. He was facing towards the girls and she could say positively he was the defendant. She also described the third occasion when the man had his hand against his forehead.

Ramona, age 13, testified she was with the other girls on two occasions when she saw a man exposing himself at the rear of the apartment house. She had a good look at his face and could say positively he was the defendant.