People v. Crossno CA4/2

INTRODUCTION

A jury convicted defendant Price Crossno of first degree burglary (Pen. Code,

§ 459;1 count 1), attempted indecent exposure (§§ 664, 314, subd. (1); count 2), and

indecent exposure (§ 314, subd. (1); count 3). The trial court sentenced defendant to six

years in prison.

Defendant contends insufficient evidence supported his convictions for attempted

indecent exposure and burglary. He also contends the trial court erred in failing to

instruct the jury sua sponte on the abandonment defense and in finding there was

insufficient evidence to declare a doubt as to defendant’s competency. Defendant further

asserts that his sentence for attempted indecent exposure should have been stayed under

section 654 and the trial court miscalculated his presentence custody credits. The People

add that the abstract of judgment should be modified to reflect the trial court’s order that

defendant must register as a sex offender under section 290, subdivision (c).

We conclude there was sufficient evidence to support defendant’s convictions for

attempted indecent exposure and burglary, and there was no prejudicial error in the trial

court not instructing on abandonment. We also…