People v. Johnson

Appellant, pro se, was convicted by jury of indecent exposure. This offense was a felony by virtue of appellant having suffered prior convictions for the same offense. (Pen. Code, § 314, subd. 1. ) Additionally the jury found to be true the allegations that appellant had suffered two prior convictions (also for indecent exposure with a prior) resulting in separate prison terms. (§ 667.5, subd. (b).) Appellant was subsequently sentenced to a state prison term, consecutive to the sentence previously imposed in an unrelated matter, of two years eight months, including a year for each prior prison term, pursuant to section 667.5, subdivision (b). This appeal followed.

Appellant contends that: (1) the statute of limitations for the offense of which he was convicted had lapsed prior to initiation of proceedings against him, and (2) the finding as to one of the allegations under section 667.5, subdivision (b) must be stricken since he had not completed that prison term as of the time of trial.

We agree that one of the sentencing enhancement allegations must be stricken, and will modify appellant’s sentence accordingly. We otherwise affirm.

I. FACTS AND PROCEDURAL HISTORY

On…