P. v. Mitchell CA2/2
A jury convicted Bernard Mitchell (defendant) of six counts of second degree robbery, one for each victim of his two bank robberies. The jury also found true six enhancements for the personal use of a firearm (Pen. Code, § 12022.53, subd. (b)). Those enhancements added a total of 26 years and eight months to his sentence. In the most recent sentencing proceeding, defendant asked the trial court to exercise its then-newly conferred discretion under section 12022.53, subdivision (h), to dismiss the firearm enhancements entirely or instead to impose a lesser sentence under the enhancement for personal use of a firearm contained in section 12022.5. The trial court declined, and we affirmed that ruling. (People v. Mitchell (May 28, 2020, B298910) [nonpub. opn.].)
Comments on P. v. Mitchell CA2/2