Archer

Defendant Larry Michael Archer was convicted of indecent exposure under Penal Code section 314, subdivision 1, based on an incident of “road rage” in which he angrily displayed his penis to another driver. (All further undesignated statutory references are to the Penal Code.) On appeal, defendant claims there was no evidence he acted with the “lewd” intent required to support his conviction. Because even defendant agrees the evidence was sufficient to support a finding he exposed his genitals to the other driver to annoy or offend her, we conclude the evidence was sufficient to support his conviction. Accordingly, we will affirm the judgment.

Factual and Procedural Background

In May 2000, the victim was driving her vehicle on Watt Avenue in Sacramento. Traffic was heavy because of construction and cars were required to merge into one lane. The victim noticed defendant driving his truck behind her. Defendant was swerving back and forth, tailgating, waving his hands and “flipping [her] off.” As defendant got close to the victim, she leaned out her window and yelled, “I hope you have insurance for when you hit me.” Defendant replied by calling her a couple of obscene…