People v. Merrill CA2/6

FACTS

Merrill has a history of committing acts of indecent exposure. (§ 314.) In 1979, he was arrested for indecent exposure. In 1988, he was convicted of engaging in lewd conduct

All statutory references are to the Penal Code. in public (§ 647, subd. (a)) and sentenced to 24 months’ probation. He was arrested for masturbating in public on Goleta Beach. On March 2, 2009, Merrill posted an advertisement on Craigslist for a caregiver. A woman went to his residence for the job. Merrill pulled off his pants and exposed his erect penis, began masturbating, and told her she needed to massage his penis. On March 17, 2009, another woman answered a Craigslist advertisement posted by Merrill. She went to his residence. He was in a wheelchair. He stood up, walked to the front door, and locked it. He exposed his erect penis, and while masturbating he told her if she wanted the job she “would have to massage his penis.” On June 1, 2009, another woman responded to the advertisement. She went to Merrill’s residence. While the woman washed his back, he told her to “get some lotion and rub [his] penis.” He grabbed his penis and began to masturbate in front of her. On July 6, 2011, another…