[REVIEW GRANTED] People v. Mitchell (2000)

THE PEOPLE, Plaintiff and Respondent, v. WILLIE R. MITCHELL, Defendant and Appellant.

[Modification of Opinion (82 Cal.App.4th 55) on denial of petition for rehearing.]

THE COURT. fn. †

IT IS ORDERED that the opinion filed herein on July 10, 2000, be modified as follows:

At page 4 [82 Cal. App. 4th 59, advance report, line 8], after the paragraph concluding with the words "(Id. at p. 28.)" insert the following paragraph:

"Further, in light of appellant's extensive and prolonged history of criminality, the trial court did not err in refusing to dismiss one of his "strike" convictions in the interest of justice (Pen. Code, § 1385), nor in concluding that his punishment as a third strike offender was neither disproportionate nor unconstitutionally cruel and unusual."

This modification does not effect a change in judgment.

The Petitions for rehearing are denied.

FN †. Before Woods, J., and Neal, J.