P. v. Mitchell 2/13/07 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F050550

Case Date: 05/09/2007

Preview:Filed 2/13/07 P. v. Mitchell CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F050550 Plaintiff and Respondent, (Super. Ct. No. CRF20339) v. HARRY THOMAS MITCHELL II, Defendant and Appellant.

OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Eleanor Provost, Judge. Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, J. Robert Jibson and Jesse Witt, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo*

Before Ardaiz, P.J., Dawson, J. and Kane, J.

On January 17, 2006, appellant Harry Thomas Mitchell II stole approximately $3,500 from two women who were preparing to make a night deposit at a bank in Tuolumne County. As a result, a jury convicted him of second degree robbery (Pen. Code,

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