P. v. Mitchell CA2/7
A jury convicted Jeremy Quwan Mitchell of several crimes, including attempting to murder two victims for the benefit of and in association with a criminal street gang. One of Mitchell’s codefendants, Semaj Tipton, pleaded guilty during the trial and the other, Dwayne Johnson, was acquitted by the jury.
Mitchell contends the trial court erred by denying his motion under Batson v. Kentucky (1986) 476 U.S. 79 and People v. Wheeler (1978) 22 Cal.3d 258 (Batson/Wheeler motion) and by admitting the testimony of the prosecution’s gang expert in violation of Mitchell’s right to confrontation under the Sixth Amendment. Mitchell also argues that his trial counsel was ineffective and, in a supplemental brief, that we should remand the matter for resentencing to allow the trial court to exercise discretion under a recently-enacted statute to strike the firearm enhancement. We affirm the judgment but remand for the trial court to hold a new sentencing hearing under the new statute, to co
Comments on P. v. Mitchell CA2/7