People v. Galaviz CA4/1

FACTS AND PROCEDURAL BACKGROUND

Galaviz was on parole for a vandalism conviction (Pen. Code, § 594, subd. (b)(1))

when he was arrested on September 30, 2014, for indecent exposure, in violation of Penal

Code section 314, subdivision 1 and of the terms and conditions of his parole. An

evidentiary hearing was held on the alleged parole violation on November 3, 2014. The

court found Galaviz violated the law by committing indecent exposure, and revoked and

reinstated parole subject to 180 days of incarceration in jail, with custody credits of

days. Galaviz filed his notice of appeal from this order on November 12, 2014.

The complaining witnesses, Messrs. Delhoyo and Naughten, were employed as

loss prevention officers at a Walmart store when they saw Galaviz acting suspiciously

inside the store. When Galaviz was in the ladies department, he took his penis out of his

pants and "gently stroke[d] it a little bit." His penis was exposed for 15 to 20 seconds.

Naughten and Delhoyo were watching (through a surveillance camera) when Galaviz

exposed himself and Delhoyo was offended by Galaviz's exposure and conduct.

DISCUSSION

As we have previously noted, appellate…