California v. Mitchell
Annotate this CaseDefendant-appellant Gloria Mitchell was convicted by a jury of several offenses involving three minor victims, John Doe 1, John Doe 2 and Jane Doe. With respect to John Doe 1, defendant was convicted of torture (count 1) and mayhem (count 2). With respect to John Doe 2 and Jane Doe, defendant was convicted of misdemeanor child abuse. She was sentenced to prison for: seven years to life on count 1; the middle term of four years on count 2; 180 days in county jail on count 4; and another 180 days in county jail on count 5. However, the trial court stayed the sentence on count 2 pursuant to Penal Code section 654 and deemed the sentence on counts 4 and 5 satisfied based on credit for time already in custody. The trial court also imposed a restitution fine in the amount of $300; a court operation assessment in the amount of $160; and a criminal conviction assessment of $120. Defendant appealed her convictions and sentences, and argued the fines should have been stricken as unconstitutional under California v. Duenas, 30 Cal.App.5th 1157 (2019). Finding no reversible error, the Court of Appeal affirmed defendant's convictions and sentences.
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