People v. Mitchell CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. The underlying crime In July 1993, defendant spent a few days in Palm Springs with two friends of hers, James Humdy (Humdy) and Lauren Edwards (Edwards), and her five-year-old son. Defendant knew that Humdy was a gang member who had committed violent acts in the past and that Edwards was his protégé in the gang. While in Palm Springs, the group slept on the floor of an apartment rented by defendant’s aunt. The group had no money and discussed, as a means of getting some cash, ordering a pizza and robbing and carjacking the person who delivered it. Anxious to be rid of defendant and her friends, defendant’s aunt arranged for one of her friends from work to give them a ride back to Los Angeles in their truck. Unbeknownst to defendant’s aunt or her friend, the group discussed robbing and

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For the sake of simplicity, we will refer to the section by its new numbering only.

2 carjacking the friend and her boyfriend,…