People v. Davey

Opinion

RUVOLO, J.—

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…