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PEOPLE v. MITCHELL

No. D034236.

96 Cal.Rptr.2d 401 (2000)

81 Cal.App.4th 132

The PEOPLE, Plaintiff and Respondent, v. Richard Allen MITCHELL, Defendant and Appellant.

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

Rehearing Denied June 15, 2000.

Review Denied September 13, 2000.

Attorney(s) appearing for the Case

Steven J. Carroll, Public Defender, and Gary R. Nichols, Deputy Public Defender, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont and Janelle M. Boustany, Deputy Attorneys General, for Plaintiff and Respondent.

HUFFMAN, Acting P.J.

In this third appeal from Richard Allen Mitchell's judgment and sentence, we conclude that even in the wake of Monge v. California (1998) 524 U.S. 721, 118 S.Ct. 2246, 141 L.Ed.2d 615 and People v. Monge (1997) 16 Cal.4th 826, 66 Cal.Rptr.2d 853, 941 P.2d 1121, where the government has had a full and fair opportunity to present its case unhampered by evidentiary...

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