The opinion of the court was delivered by: Robie, Acting P.J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury found defendant Dennis Ray Beach guilty of two counts of lewd acts on a child under 14 years old and one count of indecent exposure. The court sentenced defendant to an aggregate prison term of six years eight months.
On appeal, defendant contends the trial court prejudicially erred by: (1) admitting his prior indecent exposure offenses as evidence of his propensity and intent to commit the charged lewd acts; and (2) instructing the jury that it could consider the evidence for this purpose.*fn1 We disagree and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
E. P. testified defendant exposed his penis to her in 1975 when she was 11 or 12 years old. E. P. and a friend were sitting at a picnic table when defendant, dressed in a ranger's uniform, approached them and asked if they wanted to see people "doing it" in the bushes. E. P. said, "no." Defendant showed the children a magazine with pictures of naked people and then walked "into the trees to use the bathroom." When he returned, defendant asked E. P. "to help him zip up his pants," exposing his penis to her. E. P. told him to ask her friend, but defendant zipped up his pants. After declining defendant's offer to drive them to the gas station, E. P. walked home with her friend. E. P. later identified defendant in a photo lineup. K. G. testified defendant exposed his penis to her and a friend in 1975 when she was 12 years old. Defendant, wearing a park ranger uniform, approached the two girls while they were walking on a trail by a lake and asked them to identify children skinny dipping in the next cove. The girls followed him down the path. Defendant asked them to look into the cove to identify the skinny dippers and when the girls turned back around, he exposed his penis to them. K. G. grabbed her friend and they ran back on the trail. Defendant chased after them but the girls escaped. K. G. later identified defendant in a photo lineup.
Defendant testified he was guilty of both 1975 indecent exposure incidents described by E. P. and K. G. He also pled guilty to charges of indecent exposure in 1983 for exposing himself to a female college student and in 1991 for exposing himself to a female driver on a freeway. Defendant admitted to exposing himself in public about a dozen times.
Defendant moved in with his girlfriend, Georgie J. (T. L.'s grandmother), in 1992 or 1993, when T. L. was an infant. Every day after elementary school, T. L. and her brother went to Georgie's house until their mother took them home.
Seventeen-year-old T. L. testified that when she was about seven or eight years old, she was walking from the living room to the toy room when she saw defendant naked in the bedroom he shared with Georgie. It was in the evening and it was starting to get dark. Defendant motioned or tilted his head, "like come on, come here or something," but did not say anything to her. T. L. went into the room and sat on the bed. Defendant moved to the adjoining sink area, pulled Gold Bond powder from the wall and, facing T. L., rubbed the powder on his genitals. Without saying anything to her, defendant walked over to where T. L. was sitting on the bed. He stopped in front of her with his "inner thigh, private area" touching her knee, continuously rubbing powder on his genitals. He then extended one hand, the other still rubbing his genitals, and touched her chest area for a couple of seconds and then touched her vaginal area. He stopped suddenly and took a step back. T. L. walked out of the bedroom to the toy room and did not tell anyone what defendant had done. In 2008, T. L. told her mother, Deanna J., about two incidents.
After first stating she did not see defendant naked again, T. L. refreshed her memory from a police report and recalled a second incident a couple of days later when she saw defendant standing naked in the bedroom. This time he did not ask or motion for her to come in.
Regarding the touching incident, Officer Rebecca Purdy testified T. L. told her defendant "called her by name into" the bedroom and that "[w]hen she sat on the bed, she noticed him standing naked by the bathroom." Detective Bruce Wanner testified T. L. told him the "first time something happened [she] just walked by and saw him naked" and "[t]he second time is when [she] went into the room and something happened." Regarding the touching incident, T. L. told Detective Wanner it was daytime when ...