People v. Rutledge CA1/5

I. FACTS AND PROCEDURAL HISTORY

A. Underlying Proceedings An information filed in January 2007 charged Rutledge with 14 counts of second degree robbery and one count of attempted second degree robbery (count 7). (Pen. Code, §§ 211, 212.5, subd. (c), 664.)1 The information alleged that Rutledge suffered a prior serious felony conviction (§ 667, subd. (a)) and a prior strike conviction (§§ 667, sub. (e); 1170.12, subd. (c)).

1 All statutory references herein are to the Penal Code.

1 In April 2007, the information was amended by interlineation to reduce the second degree robbery charge in count 1 to a charge of attempted second degree robbery (§§ 211/664), dismiss the second degree robbery charge in count 6, amend the allegations of count 15 to charge grand theft (§ 487, subd. (c)), and number all remaining counts consecutively. Later in April 2007, a jury found Rutledge guilty of nine counts of second degree robbery (counts 3, 4, 5, 7, 8, 9, 10, 11, 12) and one count of attempted second degree robbery (count 6, previously count 7). The jury found him not guilty of attempted robbery (count 1), two other counts of second degree robbery (counts 2 and 13), and one count of grand…