P. v. Mitchell
Filed 7/19/06 P. v. Mitchell CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. KEITH A. MITCHELL, Defendant and Appellant. | B184106 (Los Angeles County Super. Ct. No. BA260052) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Robert J. Perry, Judge. Affirmed.
George O. Benton, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.
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SUMMARY
Keith Mitchell was convicted of first degree murder with personal firearm use and gang allegations found true. The trial court sentenced him to state prison for a term of 50 years to life. Mitchell appeals, raising multiple claims of instructional error. We affirm.
FACTUAL AND PROCEDURAL SYNOPSIS
On January 1, 2002, at about 8:30 p.m., Wendy Wells drove her boyfriend Alvin Dexter to a liquor store. Dexter got out of the car and walked off while Wells parked and waited. Dexter went to James Jackson's apartment near the liquor store. Jackson sold marijuana there, and Dexter had bought marijuana from him numerous times before.
In the courtyard area of Jackson's apartment, several people were hanging out: Jackson; his friend Derek Wooten; Kipchoge Johnson, an old time Van Ness (VNG) gang member known as â€
