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PEOPLE v. CARBAJAL

No. G031514.

8 Cal.Rptr.3d 206 (2003)

114 Cal.App.4th 978

The PEOPLE, Plaintiff and Respondent, v. Nicolas Limon CARBAJAL, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

Review Denied March 24, 2004.

Attorney(s) appearing for the Case

Phillip I. Bronson, under appointment by the Court of Appeal, Encino, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, Acting P.J.

We have been asked to decide whether defendant Nicolas Limon Carbajal's conviction for indecent exposure (Pen.Code, § 314, subd. 1) is valid where there is no evidence that anyone actually saw his naked genitals. We conclude it is, based on circumstantial evidence that actual exposure occurred in the presence of other persons. We arrive at this conclusion after determining that visual observation of the exposed genitals...

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