Rebulloza

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offense2 Around 11:30 p.m. on July 21, 2012, Lourdes Valle was driving on 13th Street through downtown San José. When she stopped for a red light at Santa Clara Street, she saw defendant on the corner “with his private parts out.” Defendant’s pants were down and his right hand was below his waist, but Valle did not see whether he was touching himself. Valle testified defendant was moving toward her car while “spinning” or “dancing,” and “it looked like he was having a great time.” Valle drove away and called the police. A San José police officer responded to the call and found defendant standing at the corner of 13th Street and Santa Clara Street. Valle subsequently picked defendant’s photograph out of a lineup. Defendant’s rap sheet showed he had prior convictions for indecent exposure. B. Procedural Background Defendant pleaded no contest to one count of indecent exposure charged as a felony based on a prior conviction for indecent exposure. (Pen. Code, § 314, subd. (1).)

225 Cal.App.4th 8, review granted July 16, 2014, S218288; People v. Klatt (2014) 225 Cal.App.4th 906, review granted July 16, 2014, S218755.) Because this…