Sanchez

A jury convicted defendant, Raul A. Sanchez, of the misdemeanor of indecent exposure (Pen. Code, § 314, subd. 1), which occurred on April 6, 2008. He was sentenced to local time and appealed to the appellate department of the trial court. The appellate department, in a per curiam opinion, reversed defendant’s conviction because it concluded, although disagreeing with it, that it was bound under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 [ 20 Cal.Rptr. 321 , 369 P.2d 937 ], to follow an appellate court opinion, People v. Hernandez which was not then final, and for which review before the California Supreme Court had subsequently been granted. The appellate department then certified the case for transfer to this court, pursuant to California Rules of Court, rules 8.1002 and 8.1005, and we granted the transfer. Then, the California Supreme Court deferred action in Hernandez, pending the outcome of People v. Stevens (2009) 47 Cal.4th 625 [ 101 Cal.Rptr.3d 14 , 218 P.3d 272 ] (Stevens), which was subsequently decided. In light of Stevens , we rejected defendant’s contention that his right to a fair trial was violated by the security measures used…