P. v. Singleton CA2/4

Filed 5/29/13 P. v. Singleton CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B240115

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA390136) v.

HARVEY E. SINGLETON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Harvey E. Singleton appeals from the judgment entered following his conviction on one count of indecent exposure in violation of Penal Code section 314, subdivision 1.1 We affirm.

Prosecution Evidence On September 28, 2011, around 7:00 a.m., Nelda Lopez boarded a train at Western and Wilshire in the County of Los Angeles. Appellant boarded the train at the same time as Lopez, smiled at her, and sat down near her. Appellant removed his jacket, placed it on his lap, and exposed himself in a manner that indicated he wanted Lopez to see him. Each time the train stopped, he would cover himself, and when the train started again, he would remove his jacket and expose himself again. When he removed his jacket, Lopez could see that his penis was erect, and he was holding it with his left hand. When Lopez exited the train, she told Los Angeles County Sheriff’s Department Deputy Larry Ware someone was masturbating on the train. Lopez testified that she only saw the man’s penis out of the corner of her eye because she was afraid to look directly at him. Detective Kevin Acebedo interviewed Lopez. Lopez identified appellant in a photographic lineup and identified him in court. Detective Acebedo also interviewed appellant. The interview was recorded and played for the jury. Detective Acebedo testified that appellant repeatedly told him that “there was no exposure.” The prosecution introduced evidence of three prior incidents involving appellant. The first incident was on February 9, 2011. Adriana Luna testified that she was on a train going to work when she saw appellant move from a different