People v. Butts CA4/1

INTRODUCTION

A jury convicted Rolando Louis Butts, Willie Deshawn Brown, Jr., and

Christopher Kennison of conspiracy to commit a crime (Pen. Code,1 § 182, subd. (a)(1);

count 1), robbery (§ 211; count 2), and simple battery (§ 242) [as a lesser included

offense of battery causing serious bodily injury (§ 243, subd. (d))]; count 3). The trial

court sentenced Butts to three years in state prison, consisting of the middle term of three

years for count 2 and a concurrent middle term of three years for count 1, which the court

stayed under section 654. The court did not sentence Butts for count 3; however, the

court sentenced him to a concurrent term of 16 months in a separate probation revocation

case. The court sentenced Brown to three years in state prison, consisting of the middle

term of three years for count 2, a concurrent middle term of three years for count 1,

which the court stayed under section 654, and a concurrent term of 180 days for count 3.

The court sentenced Kennison to two years in state prison, consisting of the lower term of

two years for count 2, a concurrent lower term of two years for count 1, which the court

stayed under section 654, and a…