Finley

— An amended information charged appellant Royce Randall Finley with one count of attempted indecent exposure in a public place, in violation of Penal Code sections 664 and 314, subdivision 1, “a felony.” The information further alleged that appellant had several prior convictions for violations of section 314, subdivision 1, and that he had served prior prison terms therefor. Appellant entered a plea of not guilty. He subsequently admitted the prior convictions and prison terms.

The matter was tried before a jury, which found appellant guilty of attempted indecent exposure, “a felony.” He thereafter was sentenced to the upper term of eighteen months, plus one year for each prior, for a total term of five years six months.

Appellant contends his conviction was not supported by substantial evidence. We reject that contention in the unpublished portion of this opinion. In the published portion, however, we agree with both appellant and respondent that the conviction for attempted indecent exposure was for a misdemeanor only, notwithstanding the prior convictions.

Facts

Discussion

I. The Conviction of Attempted Indecent Exposure Is Supported by Substantial…