P. v. Rogers CA1/5
A jury convicted Treshawn Rogers of first degree robbery (Pen. Code, § 211 (Count 1)), and first degree burglary (§ 459 (Count 2)). The trial court sentenced Rogers to six years for the robbery conviction, and stayed a six-year sentence for the burglary conviction (§ 654). The court ordered Rogers to pay a restitution fine of $3,600 (§ 1202.4, subd. (b)).
Rogers appeals. First, he contends the prosecution relied on “a legally inadequate theory” of burglary. Second, Rogers argues there was insufficient evidence of his intent to steal. Third, Rogers contends the court improperly calculated the amount of the restitution fine.
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