People v. Mitchell

Caution
1994 Cal. App. LEXIS 1234·30 Cal. App. 4th 783·36 Cal. Rptr. 2d 150·94 Daily Journal DAR 17008·94 Cal. Daily Op. Serv. 9241
Court of Appeal of CaliforniaNovember 30, 1994G013424California10,179 words

Opinion

Opinion

Wallin, J.

Christine Mitchell appeals her conviction for possessing over $100,000 obtained from drug sales and conspiracy to commit that crime, contending: (1) Health and Safety Code section 11370.6 is unconstitutional; (2) the trial court erred by failing to grant her motion to dismiss at the end of the prosecution’s case; (3) section 11370.6 and CALJIC No. 12.37 unconstitutionally affect the burden of proof; (4) the trial court committed numerous instructional errors; (5) her statements to the police should have been suppressed on Miranda grounds; (6) her trial counsel was incompetent for allowing her statements to come into evidence without proof of the corpus delicti; (7) the trial court prejudicially denied her the right to discharge her counsel after trial but before sentencing; (8) the trial court erroneously denied her motion to suppress evidence; and (9) the trial court erroneously denied her motion to disclose the identity of a confidential informant. We affirm.

On March 29, Mitchell opened 13 bank accounts at Great Western Bank in Huntington Beach, depositing $2,000 to $8,000 in each account. The funds were comprised of $92,000 in $20 bills Mitchell produced from a…

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