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PEOPLE v. MITCHELL

Docket No. 6790.

152 Cal.App.3d 433 (1984)

199 Cal. Rptr. 507

THE PEOPLE, Plaintiff and Respondent, v. JERRY THOMAS MITCHELL, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 24, 1984.

Attorney(s) appearing for the Case

COUNSEL

Jerry Thomas Mitchell, in pro. per., for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Eddie T. Keller and Charles P. Just, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ZENOVICH, J.

Jerry Thomas Mitchell appeals from the denial of a motion brought by the Board of Prison Terms to recall the sentence imposed for his conviction of violating Penal Code section 211 (robbery) and a Penal Code section 12022.5 finding (gun use).

Appellant and two accomplices were responsible for the robbery of a Taco Bell fast food restaurant in Bakersfield. Appellant and one accomplice entered

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