People v. Tombow CA2/6

Filed 1/7/14 P. v. Tombow CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B246693 (Super. Ct. No. 2012033340) Plaintiff and Respondent, (Ventura County)

v.

LARRY BERNARD TOMBOW,

Defendant and Appellant.

Larry Bernard Tombow appeals a judgment following conviction of indecent exposure, with findings of four prior indecent exposure convictions and service of three prior prison terms. (Pen. Code, §§ 314, subd. 1, 667.5, subd. (b).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY Silvana Galvan worked for an alcohol and drug rehabilitation center in Port Hueneme. At midday on September 14, 2012, she went to the center's administration building to pick up a female patient. Galvan drove a minivan and the driver and passenger windows were partially open. As she drove into the parking lot, Galvan saw Tombow, who was wearing a hat, green vest, and jeans. Galvan parked in front of the administration building. As her patient walked to the passenger door of the minivan, Galvan noticed Tombow walking toward the passenger side of the vehicle. When Tombow stood parallel

1 All statutory references are to the Penal Code unless stated otherwise.

to the minivan, he touched the front of his pants with his hands. Galvan thought that he was adjusting his belt or unzipping his pants. As Tombow passed the passenger side door, he "pulled out . . . all or part of his penis [and] less than two seconds later he put it right back inside his pants." Galvan asked her patient whether "that guy just flash[ed] us?" The patient, who "was having a bad day," did not respond and kept her head down. Angry and offended by Tombow's act, Galvan reported the incident to the administration receptionist. Within minutes, Port Hueneme Police Officer Baltazar Tapia received an official dispatch describing a man who had exposed himself in the area of Scott and Third Streets in Port Hueneme. Tapia then saw Tombow, who matched the description reported by Galvan, standing in the center median of Ventura Road near Scott Street. Tapia stopped his patrol vehicle, waited for Tombow to cross the street, and then asked Tombow if he could speak to him. Tapia asked Tombow to sit on the curb and informed him that he fit the description of a man who had recently exposed himself. Tombow stated that "he hadn't been in a womb in 60 years." Tapia asked what Tombow meant, and Tombow replied that he had "to satisfy [him]self." Tombow also volunteered that he was a parolee. Tapia then obtained Tombow's identification and ran an outstanding warrants check. When he learned that Tombow had an outstanding arrest warrant, he arrested him. At trial, Tombow testified and denied committing indecent exposure outside the rehabilitation center. He also denied making statements to the arresting officer. Prior Indecent Exposure Convictions On June 8, 2001, and November 5, 2004, Tombow was convicted of indecent exposure involving incidents where he masturbated in front of Oxnard fast-food restaurants. (Super. Ct. Ventura County, Nos. 2001007202, 2003042670.) On April 2, 2010, Tombow was convicted of indecent exposure involving an incident outside a Port Hueneme laundromat. (Super. Ct. Ventura County, No. 2009029040.) On May 24, 2012, he was convicted of misdemeanor disorderly conduct after he masturbated outside