People v. Mitchell CA1/5

Filed 6/30/25 P. v. Mitchell CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A169329

v. (San Francisco County ANGELO MITCHELL, Super. Ct. No. CRI2071368) Defendant and Appellant.

Defendant and appellant Angelo Mitchell (appellant) appeals from the sentence imposed pursuant to his resentencing petition under Penal Code section 1172.75.1 We reject his claim that the trial court abused its discretion in failing to stay his life sentence under section 654. We do, however, order correction of the abstract of judgment to reflect appellant’s actual custody and presentence conduct credits. FACTUAL BACKGROUND2 At approximately 5:30 a.m. on October 1, 2002, the victim, K.K., a nursing student, was walking to her hospital clinical rotation on Hayes

1 All statutory references are to the Penal Code unless otherwise

indicated.

2 The factual and procedural background is derived in large part from

this court’s previous nonpublished decision in People v. Mitchell (Jan. 24, 2006, A108459). Respondent’s March 4, 2025 request for judicial notice of the records in the prior appeal is granted.

1

Street in San Francisco. She noticed a man, later identified as appellant, standing next to a car parked across the street. K.K. continued walking, and the man crossed the street directly in front of her and began rattling an apartment building gate. After K.K. walked past him, the man grabbed her from behind by placing his arm around her neck in a choke hold and lifting her off the ground. The man smelled of alcohol. K.K. was unable to breathe or make a sound. The man told her not to talk and continued to choke her while he dragged her across the street into a carport. At the back of the darkly lit carport, the man sat her down and threatened to shoot K.K. if she said anything. He told her he wanted her to “suck his dick,” and made her repeat that. She squatted while he put his penis in her mouth and his hands on her shoulders and head, and used his legs to keep her from moving. After several minutes, she cried uncontrollably, pulled her head away, and tried to push the man away. The man put his penis back in K.K.’s mouth. When she again started to cry and pulled her head away, he reached behind him and threatened to shoot her. He placed his penis in her mouth a third time and said if he did not ejaculate, he would “fuck” her. He also fondled her breast under her clothing. The man then stopped, backed away from K.K., and began walking toward the carport exit. When she tried to move past him, he pushed her back inside the carport. He then left the carport and started running. K.K. saw two police officers across the street and said, “That’s him, get him.” The man was apprehended several blocks away and taken into custody. At trial, a police officer identified appellant as the man the police apprehended.