Hucks
People v. Hucks
Opinion
Opinion
Todd, J.
J.—Robert Lee Hucks was convicted of one count of felony indecent exposure (Pen. Code, § 314, subd. (1), with a prior conviction) and one count of soliciting and engaging in lewd and dissolute conduct in public (§ 647, subd. (a)). The trial court sentenced Hucks to one year and four months in prison on the indecent exposure count. Hucks appeals, contending it was prejudicial error to allow introduction into evidence of a prior felony conviction of indecent exposure.
Facts
At approximately 11 p.m. on June 25, 1987, Wendy B. looked outside her apartment window after hearing some moaning noises coming from the alley. She observed a man with his pants down around his ankles, masturbating. She called the police and provided a description of the man’s clothing. After the police arrived, Wendy observed semen on the ground in the area of the alley she had seen the man masturbating. About 15 minutes later police apprehended Hucks about 4 blocks from Wendy’s apartment. Hucks’s clothing matched the description of clothing given by Wendy. Wendy was taken to the arrest scene for a “show-up.” She identified Hucks as the man who was masturbating under her apartment window.