Swearington

In count I of an information, defendant was charged with the commission of the felony of indecent exposure in violation of Penal Code section 314, subdivision 1, with a prior conviction of a violation of Penal Code section 314, subdivision 1. The charged offense was alleged to have been committed on March 4, 1976. The prior felony conviction was alleged to have been suffered on September 15, 1972. In count II of the information defendant was charged with having committed a similar offense in violation of Penal Code section 314, subdivision 1, on March 25, 1976. In count II it also was charged that defendant had suffered a prior felony conviction of indecent exposure in violation of Penal Code section 314, subdivision 1—the same prior felony that is alleged in count I.

In both counts the allegation was that the defendant had willfully and lewdly exposed his person and the private parts thereof in a public place where there were present other persons to be offended and annoyed thereby. In each count of the information the allegations of the defendant’s conviction of a prior felony of indecent exposure were required to convert the provisions of Penal Code section 314,…