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IN RE LYNCH

Docket Nos. Crim. 16232, 16237.

8 Cal.3d 410 (1972)

503 P.2d 921

105 Cal. Rptr. 217

In re JOHN LYNCH on Habeas Corpus. (Consolidated Cases.)

Supreme Court of California. In Bank.

December 4, 1972.

Attorney(s) appearing for the Case

COUNSEL

John Lynch, in pro. per., and Ezra Hendon, under appointment by the Supreme Court, for Petitioner.

Howard J. Berman and Morton P. Cohen as Amici Curiae on behalf of Petitioner.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Daniel J. Kremer, Edward W. Bergtholdt, A. Wells Petersen and Edward P. O'Brien, Deputy Attorneys General, for Respondent.

OPINION

MOSK, J.

One who commits an act of indecent exposure in California is guilty of a simple misdemeanor and can be punished by no more than a brief jail sentence or a small fine.1 If he commits the identical act a second time, however, the law declares him guilty of a felony and inflicts on him a punishment of imprisonment in the state prison for the indeterminate period of one year to life.

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