PEOPLE v. TOLLIVER

Docket No. 10564.

108 Cal.App.3d 171 (1980)

166 Cal. Rptr. 328

THE PEOPLE, Plaintiff and Respondent, v. IRA TOLLIVER, JR., Defendant and Appellant.

Court of Appeals of California, Third District.

July 15, 1980.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Ted W. Isles, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, James T. McNally and Roger E. Venturi, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CARR, J.

Defendant appeals his conviction by a jury for felony indecent exposure. (Pen. Code, § 314, subd. 1.) A prior conviction of indecent exposure was charged and proved. He argues that the trial court's failure to instruct, sua sponte, on lewd and disorderly conduct (Pen. Code, § 647, subd. (a)) as a lesser included offense constitutes reversible error.

On March 18, 1979, at 5:15 p.m., defendant...

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