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State v. Mr. C (DMC No. 9098)

2 COUNTS FELONY PUBLIC SEXUAL INDECENCY TO A MINOR REDUCED MISDEMEANOR INDECENT EXPOSURE with PROBATION and ZERO DAYS of ACTUAL JAIL– State v. Mr. C (DMC No. 9098) (Maricopa County Superior Court CR 2008-173383): Mr. C was a 73 year old man who would work the grave yard shift and get off at 10:00 in the morning. He would routinely go to watch a movie at a local movie theater and would eat his dinner along with a 32oz soda. While he was in a movie theater he had to urinate (as he had bladder issues), and he reached inside his shorts in order to hold himself to keep from peeing. A family sitting next to him with two minor children observed this and the police were called. Although Mr. C stated he was only holding his penis to prevent peeing himself, the family stated that he was actually fondling himself. We were able to present mitigating evidence to the prosecutor would secure a misdemeanor offer with four months of defered jail (which was deleted when he successfully completed probation). He originally was facing years in prison, but ended up with probation, a misdemeanor and Zero days in jail.


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