People v. Mitchell CA3

BACKGROUND

An amended information charged Mitchell with transporting an assault weapon (Pen. Code, § 30600, subd. (a); count one);1 possession of a firearm by a felon (§ 29800, subd. (a)(1); counts two & three); evading a peace officer with willful or wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a); count four); failing to stop at the scene of an accident (Veh. Code, § 20002, subd. (a); count five); willfully, maliciously, and without legal justification striking, beating, or kicking a

Undesignated statutory section references are to the Penal Code.

2 dog under the supervision of a peace officer (§ 600, subd. (a); count six); and resisting a peace officer during the discharge of their duties (§ 148, subd. (a)(1); count seven). The information further alleged that Mitchell had been convicted of a prior strike. (See §§ 1192.7, subd. (c), 667, subd. (b)-(i), 1170.12.) The Trial On August 2, 2020, Sacramento County Sheriff’s Office Detective Sina Ghaffarpour was on patrol in Rancho Cordova when he observed a BMW driven by a shirtless adult male whom he identified at trial as Mitchell. He encountered the same vehicle and driver a little…