People v. Smith CA4/1

I.

INTRODUCTION

A jury found Brandon Smith guilty of two counts of robbery (Pen. Code, § 211,1 counts 1 & 2) and one count of petty theft (§ 484, count 4).2 Smith committed the crimes with his brother and codefendant, Anthony Watson.3 Smith admitted having suffered two strike priors (§§ 667, subds. (b)–(i), 668, 1170.12), a serious felony prior (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)), and two prison priors (§§ 667.5, subd. (b), 668). At sentencing, the trial court struck one of the strike priors, and sentenced Smith to a total of 19 years in prison, consisting of 10 years on count 1—the upper term of five years doubled because of the remaining strike prior, a consecutive two years for count 2, calculated at one-third the midterm doubled due to the strike, a consecutive five years for the serious felony prior, and two consecutive one-year terms for the prison prior enhancements. The court sentenced Smith to “time served” on count 4.

Unless otherwise specified, all subsequent statutory references are to the Penal Code.

The jury found Smith not guilty of an additional count of petty theft (§ 484) charged in count 3.

We affirmed the judgment as to Watson…