People v. Secrest CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In January 2021, the victim was parked in his car at a gas station. Defendant approached the driver’s side window and spat on the victim. Defendant then walked to the front passenger side, pulled down his pants, exhibited his penis, and masturbated in front of the victim. Police arrived and found defendant sitting nearby. He was “unable to communicate properly.” Defendant said he was under the influence of marijuana. In January 2021, defendant was charged with felony indecent exposure with a prior felony indecent exposure conviction (§ 314, subd. (1)) and misdemeanor battery (§ 242). It was further alleged defendant had a prior strike. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) In February 2021, defendant pleaded no contest to felony indecent exposure and admitted the prior indecent exposure conviction and the prior strike. The remaining charges were dismissed with a Harvey (People v. Harvey (1979) 25 Cal.3d 754, 758) waiver. In the March 2021 probation report, the probation officer noted that, in February 2021, defendant had been prescribed Benadryl and an unknown psychotropic medication to treat schizophrenia by the jail. He had…