P. v. Mitchell CA2/5
On July 22, 2021, the trial court denied defendant Michael Mitchell’s petition to designate his felony conviction as a misdemeanor conviction pursuant to Penal Code section 1170.18, subdivisions (a) and (f), on the grounds that defendant was not eligible for such a reduction because he had a disqualifying “Super Strike” conviction for attempted murder on a peace officer with a machine gun.
On August 10, 2021, defendant filed a “MOTION FOR RECONSIDERATION OF DENIED APPLICATION/PETITION FOR RESENTENCING P[U]RSUANT TO . . . SECTION 1170.18[, SUBDIVISIONS] (A) AND (F) DENIED ON 7-22-21.” Defendant contended that he had not been convicted of using a machine gun but had instead been convicted of using a semiautomatic weapon in connection with his various crimes.
On November 19, 2021, the trial court denied defendant’s petition on the grounds that he was not eligible for the relief he sought.
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