Massicot

A jury convicted David Massicot of two counts of indecent exposure with prior convictions for the same offense. (Pen. Code, § 314, subd. I.) Before trial, Massicot pleaded guilty to failure to register as a sex offender under section 290, subdivision (g)(1). The court suspended imposition of sentence and placed him on formal probation for five years. Massicot contends the court violated his constitutional rights to due process and a fair trial by misinterpreting the law so as to allow the jury to convict him of indecent exposure when he neither exposed his genitals to the public nor desired to direct attention to them, and prejudicially erred when it instructed the jury with an incorrectly modified version of CALJIC No. 16.220. Massicot further contends his conviction for indecent exposure is not supported by substantial evidence.

Under what we hold is the proper interpretation of the phrase “[ejxposes his person” in section 314, subdivision 1, we agree Massicot’s conviction is not supported by substantial evidence because Massicot did not display his naked genitals. We also, necessarily, conclude the specific intent to expose one’s genitals in this manner is an…