California v. Hubbard
Annotate this CaseDefendant Dwayne Hubbard was convicted by jury for felony indecent exposure for exposing himself in front of a student leaving class at Cosumnes River College. On appeal, he argued, amongst other things, that the prosecutor committed misconduct by improperly referring to his decision to not testify, in violation of Griffin v. California, 380 U.S. 609 (1965), and that the trial court erred by failing to instruct the jury sua sponte on attempted indecent exposure as a lesser included offense. In the published portion of its opinion, the Court of Appeal disagreed with these claims. In the unpublished portion of its opinion, the Court disagreed with an additional claim of prosecutorial misconduct and agreed with defendant’s claim that the trial court erred by admitting certain photographs into evidence. That error was harmless, however, so the Court affirmed the judgment.
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