People v. Mitchell CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In August 2013 and December 2013, defendant and one other person entered two different One West Bank locations in Los Angeles. Each time, they ordered bank employees, at gunpoint, to lie on the ground. They took the amount of $73,740 in cash from the August robbery and $63,800 in cash from the December robbery.

II. Procedural History

As explained in our prior opinions, a jury convicted Mitchell of six counts of second degree robbery, one for each of the victims. The jury also found true six enhancements for the personal use of a firearm (§ 12022.53, subd. (b)), as well as an enhancement for

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 the amount taken. The jury also convicted Mitchell of being a felon in possession of a firearm. (§ 29800, subd. (a)(1).) The trial court originally sentenced defendant to 40 years in state prison. After a successful appeal on an unrelated sentencing issue, the trial court sentenced Mitchell on remand to 39 years. In coming to this calculation, the court used one of the second degree robbery counts from the first robbery as the principal count and imposed a…