P. v. Krause
A jury convicted defendant of four counts of felony indecent exposure with a prior (Pen. Code, 314, subd. 1), and one count of sexual battery ( 243.4, subd. (d)). The trial court sentenced defendant to a total of four years eight months in state prison, calculated as follows: the lower term of two years on the sexual battery count, plus consecutive eight month terms (one third the midterm) for each of the four exposure counts.
Defendant appeals, claiming:
(1) There was no substantial evidence the victim of the sexual battery was restrained, an element of that crime;
(2) There was no substantial evidence defendant exposed himself under circumstances giving rise to criminal liability;
(3) Section 314, subdivision 1, establishing the crime of indecent exposure, is unconstitutionally vague on its face and as applied to this case; and
(4) The trial court denied defendant his right to counsel when it denied his request to substitute retained counsel for the public defender.
Court affirm the judgment in its entirety.
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