The People v. Bullington CA4/2

INTRODUCTION

On March 1, 2012, a second amended complaint1 charged defendant and appellant

William Bullington with four counts of felony second degree robbery under Penal Code2

section 211 (counts 1-4). As to each count, the complaint also alleged that the offenses

were serious felonies within the meaning of section 1192.7, subdivision (c); and violent

felonies within the meaning of section 667.5, subdivision (c). Furthermore, the complaint

alleged that defendant was eligible for imprisonment under section 1170, subdivision

(h)(3).

After a jury trial, on September 28, 2012, the jury convicted defendant of three

counts of robbery (counts 1, 3, 4). As to count 2, the jury was unable to reach a verdict.

On November 2, 2012, on a motion by the People, the court dismissed count 2.

The trial court imposed a four-year state prison sentence, and awarded defendant credit

for time served of 343 actual days and 51 conduct credits pursuant to section 2033.1.

On November 9, 2012, defendant filed a timely notice of appeal.

STATEMENT OF FACTS

A. Factual Background

Defendant is a 54-year-old Caucasian male, who weighs about 165 pounds and is

five feet 11 inches tall. He owns a…