P. v. Cousian CA4/3
Defendant Jerald Jerrod Cousian was charged by information with one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), and that he had suffered two prison priors within the meaning of section 667.5, subdivision (b).
A jury acquitted defendant of second degree robbery, but found him guilty of the lesser included offense of attempted second degree robbery. Defendant admitted the two prison priors.
The court imposed a three-year state prison term by selecting the midterm of two years on the attempted robbery count, adding one year for one of the prison priors, and striking the second prison prior for sentencing purpose only.
Defendant timely filed a notice of appeal and we appointed counsel to represent him. Counsel did not argue against defendant, but advised the court he was unable to find an issue to argue on defendant’s behalf. Defendant was given the opportunity to file written argument on his own behalf, but he has not done so.
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