IN RE MITCHELL

No. D035151.

97 Cal.Rptr.2d 41 (2000)

81 Cal.App.4th 653

In re Demond Kadura MITCHELL on Habeas Corpus.

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

As Modified June 14, 2000.

Review Denied September 13, 2000.


Attorney(s) appearing for the Case

Patricia J. Ulibarri, under appointment by the Court of Appeal, San Diego, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Laura Whitcomb Halgren, Deputy Attorney General, for Defendant and Appellant.


McINTYRE, J.

FACTUAL AND PROCEDURAL BACKGROUND

Demond Kadura Mitchell was convicted of, inter alia, conspiracy to commit first degree robbery in concert and two counts of attempted first degree robbery in concert. In October 1998, he was sentenced to a total of seven years eight months in prison. At Mitchell's sentencing hearing, the trial court ruled that the 15 percent custody credit limitation of Penal Code section 2933.1 did not apply to him and ordered...

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