People v. Mitchell

Opinion

ZENOVICH, J.

Jerry Thomas Mitchell appeals from the denial of a motion brought by the Board of Prison Terms to recall the sentence imposed for his conviction of violating Penal Code section 211 (robbery) and a Penal Code section 12022.5 finding (gun use).

Appellant and two accomplices were responsible for the robbery of a Taco Bell fast food restaurant in Bakersfield. Appellant and one accomplice en tered the victim’s premises while a third waited in a getaway car. Appellant used a firearm during the commission of the offense.

Appellant was sentenced to the aggravated term of five years…