People v. Smith

The trial court convicted Troy Smith (defendant) of five counts of indecent exposure stemming from three separate incidents involving two different groups of witnesses. In the third incident, defendant exposed himself while standing outside a residential window. The occupants of the residence observed defendant exposing himself, and closed the curtain on the window. Reopening the curtain, they again saw defendant exposing himself. For this conduct, defendant was convicted of two counts of indecent exposure. We conclude there was a single exposure only and reverse one of defendant’s convictions. In the unpublished portions of this opinion, we reject defendant’s contention of Marsden 1 error, and accept his argument that his conduct credits were miscalculated. We reverse the conviction of a single count, modify the conduct credits, and otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Incidents

a. January 13, 2011 (Counts 1 and 2)

On January 13, 2011, 17-year-old Karen M. 1 2 went to throw away trash in a dumpster in the alley behind her apartment. Karen M. noticed defendant by the dumpster, felt uncomfortable, and asked her 13-year-old friend, Michelle R., to…