People v. Mitchell

In this criminal appeal, a stay is imposed on one of two life sentences imposed for the same criminal conduct. The People's request for correction of the abstract of judgment is refused, as no appeal lies from an erroneous abstract.

An information charged that appellant Willie Ross Mitchell in February 1997 committed the crime of felony drunk driving (Veh.Code, § 23152, subd. (a)), and also on the same occasion committed the separate felony of driving with blood alcohol over .08 percent (Veh.Code, § 23152, subd. (b)). A second information charged him with felony drunk driving in June 1997. Each information alleged that appellant had suffered three prior drunk driving convictions within the past five years, exposing him to punishment of at least 180 days in jail and revocation of his driver's license. The informations further alleged that appellant had been convicted in 1983 of arson of an inhabited structure (Pen.Code, § 451, subd. (a)) and arson of a structure (Pen.Code, § 451, subd. (c)), convictions which were "violent felonies" and hence sentence-enhancing "strikes" under the Three Strikes law.

The informations were consolidated for trial, and the jury convicted…