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PEOPLE v. MITCHELL

Nos. D028246, D030421.

81 Cal.Rptr.2d 339 (1999)

The PEOPLE, Plaintiff and Respondent, v. Richard Allen MITCHELL, Defendant and Appellant. In re Richard Allen Mitchell on Habeas Corpus.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied January 27, 1999.

Review Denied April 28, 1999.

Attorney(s) appearing for the Case

Michael B. Dashjian, under appointment by the Court of Appeal, Solvang, for Defendant and Appellant.

J. Bradley O'Connell, Santa Monica, Cal. Attorney for Criminal Justice as Amicus for Defendant and Appellant.

Stephen Gilbert, Santa Monica, Cal. Appellate Defense Counsel as Amicus for Defendant and Appellant.

Diane Nichols, San Diego, Appellate Defenders, Inc., as Amicus for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Carl H. Horst and Gary W. Brozio, Deputy Attorneys General, for Plaintiff and Respondent.

HUFFMAN, J.

In these consolidated appeal and writ matters, petitioner and appellant Richard Allen Mitchell seeks relief from a judgment entered against him in superior court, sentencing him to a prison term of 12 years pursuant to a limited remand for resentencing under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628. At his original sentencing, Mitchell received a prison term...

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