People v. Burns CA4/3

Filed 8/24/15 P. v. Burns CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050300

v. (Super. Ct. No. 14CF0035)

PRICE RAY BURNS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Affirmed. Trenton C. Packer, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Heather M. Clark and Kristen Hernandez, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Price Ray Burns was convicted of, inter alia, indecent exposure for showing his genitals to a young boy inside a drug store. At trial, the court allowed the prosecution to present evidence appellant had previously exposed himself to a female college student in San Diego. Appellant concedes the prior incident was admissible. However, he contends that, in terms of proving that incident, the trial court should have limited the prosecution to documentary evidence, as opposed to letting it present live testimony from the victim. We do not believe the trial court abused its discretion in that regard. Therefore, we affirm the judgment. FACTS On the afternoon of December 4, 2013, Cynthia B. went to a drug store in Santa Ana with her three young children to pick up a prescription. Once they were inside the store, the children ran ahead of Cynthia B. to play with a blood pressure monitor located in the pharmacy section. When Cynthia B. caught up to them, she saw appellant, then age 60, seated in that area. Appellant said “mira,” Spanish for “look,” to Cynthia B.’s three-year-old son. Then he lifted the pant leg of his shorts and exposed one of his testicles to the boy. After the incident, the boy ran up to Cynthia B. and hugged her leg. Then the pharmacist called appellant’s name and he grabbed his medications from the counter and started taking them immediately. When the pharmacist told appellant he had to pay for his medications first, he claimed he left his wallet out in his car. Then he ran out of the store and never returned. According to Cynthia B., appellant did not appear ill or out of breath when the incident occurred. The next evening, the police got a call regarding a drunken man on the sidewalk not far from the drug store. When they arrived at that location, they found appellant lying on the ground. He claimed he was having chest pains and a problem with his diabetes. However, he did not seem to be having any difficulty breathing, talking or understanding the officers’ questions. Because he matched the description of the drug