People v. Mitchell CA1/1

Filed 7/28/14 P. v. Mitchell CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A133094

v. JAMES RAPHAEL WHITTY MITCHELL, (Marin County Super. Ct. No. SC165475A) Defendant and Appellant.

Defendant James Raphael Whitty Mitchell was convicted in a jury trial of first degree murder (Pen. Code, § 187), corporal injury on a cohabitant (§ 273.5),1 kidnapping (§ 207), child abduction (§ 278), child endangerment (§ 273a), and stalking (§ 646.9). The jury found defendant personally used a deadly weapon in counts one and two (§ 12022, subd. (b)(1)), and personally inflicted great bodily injury with respect to count two (§ 12022.7). Additionally, there was an allegation that the homicide occurred with the special circumstance of…