SAN FRANCISCO - Two men had time added to their prison sentences for a Solano County restaurant robbery, and while only one of them could have committed the crime that earned them both extra time, they each sit in jail, one of them serving a longer sentence for something the other did.
Jonathan C. Shaw's sentence in 1995 had 16 months added to it because a jury found he held a gun to the manager's head.
More than two years later, Mango Watts' sentence for the same robbery had 10 years added to it because a different jury found that he was the one who held the gun to the manager's head.
Defense lawyers say the problem stems from multiple trials and have been trying to get prosecutors to stick to one version of a story during the trials.
Prosecutors say they present different versions of the same facts and stress the guilt of the defendant. Defense lawyers say the practice violates due process of law and ethical standards that require prosecutors to seek justice before convictions.
Watts' case is the only published ruling by a California court on the issue. In November, the state 1st District Court of Appeal upheld his sentence.
''The integrity of the judicial system is not compromised by the prosecution of two individuals for the same crime when there is probable cause to support charges against each individual,'' the court said.
Because that is the only published ruling, it is binding on all trial judges in the state.
Deputy District Attorney John Kealy, who prosecuted Watts said that a prosecutor's obligation is to present evidence against the defendant and that the prosecutor is not required to tell what happened at an earlier trial.
The men were convicted of taking part in the $1,500 robbery of a Lyons restaurant in Fairfield in 1995. One held a gun to the manager's head and told her to open the safe. That one ran off when the other robber shouted it was time to go. The manager could not identify the one who held the gun.
Shaw was sentenced to 11 years and four months, including the 16 months for using a gun. Watts was sentenced to 15 years, including the 10 years for using a gun.