Davey

I.

Introduction

Appellant Irving Leroy Davey (appellant) pleaded guilty to one count of annoying a child, and four counts of indecent exposure. The four indecent exposure counts arose from two separate incidents, in each of which appellant exposed himself to two children simultaneously. Appellant contends that his sentences on two of the indecent exposure counts should have been stayed, because each incident involved only one criminal act.

We agree, and hold as a matter of first impression that under Penal Code section 654, a single act of indecent exposure constitutes only one crime for the purpose of sentencing, regardless of the number of people who witness it.

In the unpublished portion of this opinion, we follow the California Supreme Court’s recent opinion in People v. Black (2005) 35 Cal.4th 1238 [ 29 Cal.Rptr.3d 740 , 113 P.3d 534 ] (Black), and reject appellant’s contention that the aggravated term to which he was sentenced violated Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ] (Blakely).

II.

Procedural History

On October 8, 2002, appellant was charged by information with the following offenses: for an incident which…