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Name: People v. Davey
Case #: A102885
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/12/2005

Appellant pleaded guilty to four counts of indecent exposure, resulting from two incidents in each of which he exposed himself to two children simultaneously. On appeal, he contended that the sentences on two of the counts should have been stayed, because each incident involved only one criminal act. The appellate court agreed and remanded for resentencing. 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. Further, the imposition of the upper term did not implicate appellant’s right to a jury trial under Blakely.