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PEOPLE v. CURRY

Docket No. 30143.

76 Cal.App.3d 181 (1977)

142 Cal. Rptr. 649

THE PEOPLE, Plaintiff and Respondent, v. HOWARD CURRY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

December 22, 1977.

Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, and Martin Stein, Deputy State Public Defender, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, James H. Kline, Donald J. Oeser and Jack T. Kerry, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KINGSLEY, J.

Defendant was charged with indecent exposure, in violation of subdivision 1 of section 314 of the Penal Code. After a trial by jury, he was found guilty; proceedings were suspended and he was granted probation. He has appealed; we reverse.

The case for the People was that, at about 6:30 a.m., he was observed by a plainclothes police officer masturbating in a public alley. His defense was that he suffered...

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