People v. Mitchell

*136 Opinion

In this third appeal from Richard Allen Mitchell’s judgment and sentence, we conclude that even in the wake of Monge v. California (1998) 524 U.S. 721 [ 118 S.Ct. 2246 , 141 L.Ed.2d 615 ] and People v. Monge (1997) 16 Cal.4th 826 [ 66 Cal.Rptr.2d 853 , 941 P.2d 1121 ], where the government has had a full and fair opportunity to present its case unhampered by evidentiary error or other impediment, fundamental fairness requires application of equitable principles of res judicata (direct estoppel) and law of the case to preclude the relitigation of Mitchell’s prior serious felony conviction allegations for purposes of both a five-year enhancement and a strike under the three strikes law. (Pen. Code, 1 §§ 667, subd. (a)(1), 667, subds. (b)-(i), 1192.7, subd. (c)(19).) Accordingly, we conclude the true findings on those allegations must be vacated and the matter remanded for further proceedings.

Factual and Procedural Background

In a 1995 unpublished opinion, People v. Mitchell (July 26, 1995, D022353) (referred to in this opinion as Mitchell I), this court affirmed Mitchell’s jury conviction for assault with a deadly weapon and enhancement finding of infliction of…