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Name: People v. Eckard
Case #: B224292
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/25/2011

An out-of-state misdemeanor conviction for indecent exposure does not trigger the felony sentencing provision of Penal Code section 314. The language of section 314 elevates an indecent exposure to a felony, “Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288. . . .” The description of “under subdivision 1 of this section” requires that the prior indecent exposure have been a California conviction. The Legislature frequently has written statutes to permit convictions from other jurisdictions to be used for enhancement purposes, but that has not been done with regard to the use of out-of-state misdemeanors in this statute. The felony was reduced to a misdemeanor.