P. v. Mitchell
Defendant was convicted by a jury of three armed robberies (Pen. Code, 211), and the false imprisonment of two victims in each of the armed robberies. ( 236.) The jury found true a personal use of a firearm enhancement as to each of the nine charged counts. ( 12022.53, subd. (b), 12022.5, subd. (a).) The trial court found defendant had suffered eight prior robbery convictions bringing defendant within the provisions of sections 667, subdivisions (a) and (b) (i), and 1170.12.
Defendant was sentenced to consecutive terms of 35 years to life for the three robbery convictions and to consecutive terms of 33 years to life for three of the six false imprisonment convictions. The court stayed imposition of sentence on the remaining three false imprisonment convictions pursuant to section 654. The trial court imposed additional 10-year terms on the robbery convictions pursuant to section 12022.53, subdivision (b), and additional consecutive 10-year terms on the three false imprisonment convictions pursuant to section 12022.5, subdivision (a). The court imposed additional consecutive 20 year terms for six prior serious felony convictions pursuant to section 667, subdivision (a). The total prison term imposed amounted to 384 years to life.
On appeal defendant claims (1) the jurys discovery during deliberations of an item not in evidence, specifically an ATM receipt in the coat where the revolver was found, prejudiced his constitutional rights, (2) the prosecutor committed misconduct in closing argument, (3) the trial court abused its discretion in denying defendants repeated Marsden[2]motions, and (4) there was insufficient evidence to prove defendants eighth prior conviction. Court reject all of defendants claims except the last. As to the last claim, court accept respondents concession of error and court remand the matter for resentencing.
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