Truett
People v. Truett
Opinion
Lead Opinion
Froehlich, J.
*159 Opinion
Appellant entered a plea of guilty to violation of Penal Code section 314, subdivision l, 1 indecent exposure, and admitted a prior conviction under the same section. The crime, committed in November of 1979, involved a display of the defendant’s penis to two girls, ages 11 and 14, in front of a Foster Freeze store. A witness described the defendant as “sitting at a table masturbating in front of two little girls.” Appellant’s history of indecent exposures commenced eight years earlier, when he was seventeen years old, embracing three incidents of indecent exposure, one of which was to a fourteen-year-old girl. He suffered subsequent convictions based upon peeping into a Woman’s bedroom (1974), displaying an erect penis in front of a glass door at the main entrance of a convalescent hospital (1976), and four additional convictions from 1976 through 1979, including an incident of tapping at a victim’s kitchen window to alert the occupant to his masturbation. His punishment and/or treatment for these offenses included a six-month stint in a mental hospital in Texas, two years incarceration in a Texas state prison, eighteen months in a facility in Texas for youthful…
Concurring Opinion
Staniforth, J.
I concur in the judgment.
Truett has a history of voyeurism, public masturbation, and lewd telephone calls since the age of 17. He is now 26 years old. Treatment and counselling have been ineffective and the reasonable probability is that, without successful therapeutic intervention, Truett will continue to expose himself and be a nuisance to the public.
From the probation report we learn that Truett’s background, symptomatology suggests a “textbook” case of exhibitionism. Experts in the field generally agree that exhibitionism is a species of personality disorder and that compulsory exhibitionism is characterized by passivity, narcissism, fear of castration. We do not treat here with the violent aggressive rapist-molester type of defendant whose wrong demands, prima facie, long prison terms. The typical exhibitionist is not a criminally antisocial individual but rather someone in dire need of psychological treatment. (See Millard v. Harris (D.C.Cir. 1968) 406 F.2d 964, 978 (conc. opn. of Wright, J.); Rickles, Exhibitionism (1950) pp. 65-66; Gaylin, Psychiatry and the Law, Partners in Crime (1965) 8 Colum. U.F. 23, 25; Mathis, The Exhibitionist, Medical Aspects of Human…
Opinion
Appellant entered a plea of guilty to violation of Penal Code section 314, subdivision 1, [1] indecent exposure, and admitted a prior conviction under the same section. The crime, committed in November of 1979, involved a display of the defendant's penis to two girls, ages 11 and 14, in front of a Foster Freeze store. A witness described the defendant as "sitting at a table masturbating in front of two little girls." Appellant's history of indecent exposures commenced eight years earlier, when he was seventeen years old, embracing three incidents of indecent exposure, one of which was to a fourteen-year-old girl. He suffered subsequent convictions based upon peeping into a woman's bedroom (1974), displaying an erect penis in front of a glass door at the main entrance of a convalescent hospital (1976), and four additional convictions from 1976 through 1979, including an incident of tapping at a victim's kitchen window to alert the occupant to his masturbation. His punishment and/or treatment for these offenses included a six-month stint in a mental hospital in Texas, two years incarceration in a Texas state prison, eighteen months in a facility in Texas…