People v. Drak CA5

BACKGROUND

On June 16, 2021, at about 6:20 a.m., defendant was masturbating in front of a commercial gym that was open for business. Defendant appeared to be under the influence of a controlled substance, and he gave police a false name. He was arrested after he failed a sobriety test. A blood test confirmed the presence of methamphetamine. On July 12, 2021, the Tulare County District Attorney filed an information charging defendant with indecent exposure (Pen. Code, § 314(1); count 1), misdemeanor being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a); count 2), and misdemeanor giving false information to the police (Pen. Code, § 148.9, subd. (a); count 3). As to count 1, the information further alleged defendant had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On August 3, 2021, defendant pled no contest to all counts and admitted the prior strike. On November 9, 2021, the trial court sentenced defendant to the midterm of four years on count 1 and imposed no time on the remaining counts. On February 16, 2022, the trial court reduced…