P. v. Learn
Defendant Edward Lee Learn was sentenced to the aggravated term of 18 months in state prison after he entered a plea of guilty to a single charge of attempting to send harmful matter to a minor with the intent of arousing, appealing to, or gratifying the lust or passion or sexual desires of that person or of [the] minor. (Pen. Code,[1] 288.2, subd. (b), 664.) That term was doubled to three years because defendant admitted that he had a prior conviction for purposes of the three strikes law. ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d).)
By the time defendants timely appeal was fully briefed, our Supreme Court had held in People v. Black (2005) 35 Cal.4th 1238 (Black I) that imposition of aggravated terms under Californias determinate sentencing law (DSL) did not violate Blakely v. Washington (2004) 542 U.S. 296 (Blakely). On December 16, 2005, we filed an opinion affirming imposition of the aggravated term because Black I was binding on us as an intermediate appellate court. (People v. Learn (Dec. 16, 2005, A109084) [nonpub. opn.] (Learn I).) The judgment of conviction is affirmed.
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