P. v. Lewis CA5
Defendant Tony Lewis, a state prison inmate, was charged with indecent exposure in connection with an incident in which he masturbated in front of a female correctional officer. Following a trial by jury, defendant was convicted of one count of indecent exposure, in violation of Penal Code section 314, subdivision 1. In the same proceeding, the jury found true that defendant had a prior conviction for violating Penal Code section 314, which elevated the charged offense from a misdemeanor to a felony, and found true that defendant had a prior felony conviction within the meaning of the Three Strikes law. (Pen. Code, § 667, subd. (e).) The trial court sentenced defendant to the upper term of three years in state prison, doubled based on his prior strike conviction for a total determinate term of six years.
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