People v. Mitchell CA3

Filed 10/15/14 P. v. Mitchell CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(El Dorado) ----

THE PEOPLE, C068664

Plaintiff and Respondent, (Super. Ct. No. P09CRF0064)

v.

KELLY C. MITCHELL,

Defendant and Appellant.

Defendant Kelly C. Mitchell appeals following conviction on 11 counts of sex offenses against three minors. (Pen. Code, §§ 288, subd. (a), 288, subd. (c)(1), and 288.51.) Two of the victims are daughters of defendant’s cohabitant girlfriend; the third victim is defendant’s own biological daughter from a different relationship.

1 Undesignated statutory references are to the Penal Code in effect at the time of defendant’s crimes.

1 On appeal, defendant contends (1) the trial court abused its…