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PEOPLE v. MITCHELL

No. C061560.

197 Cal.App.4th 1009 (2011)

129 Cal. Rptr. 3d 361

THE PEOPLE, Plaintiff and Respondent, v. ANTONIO DWAYNE MITCHELL, Defendant and Appellant.

Court of Appeals of California, Third District.

July 26, 2011.

Attorney(s) appearing for the Case

Paul V. Carroll , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, David A. Rhodes and Daniel B. Bernstein , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PUBLICATION

OPINION

NICHOLSON, J.—

Defendant Antonio Dwayne Mitchell entered into a plea bargain and pleaded guilty to six of the 24 counts charged against him in return for a specific sentence. He appeals because part of the sentence to which he agreed is based on an enhancement with which he was never charged and which he did not admit committing. He asks us to reverse the judgment and allow him to withdraw his...

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