People v. Warren

YEGAN, Acting P. J., Dissenting:

I respectfully dissent. The seasoned Superior Court judge expressly found an implied threat that appellant would sexually accost the female correctional guard in the future. Sitting as trier of fact, it could rationally draw this inference from the guard's testimony. This is not impermissible speculation as a matter of law. ( People v. Bohana (2000) 84 Cal.App.4th 360, 368-369, 100 Cal.Rptr.2d 845.) The felony offense of indecent exposure can, in theory, be committed in a way that such inference *758cannot be drawn. But that is not what happened here. The guard was…