People v. Mitchell CA4/1

Filed 3/25/14 P. v. Mitchell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064828

Plaintiff and Respondent,

v. (Super. Ct. No. SCD250081)

ROCKY MITCHELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura W.

Halgren, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

INTRODUCTION

Rocky Mitchell pleaded guilty to one count of robbery (Pen. Code, § 211) in

exchange for dismissal of a second count of robbery and a stipulated sentence of five

years in prison. At the sentencing hearing, the court denied his request for appointment

of a new attorney and sentenced him to the agreed upon term of five years in prison.

Against the sentence, the court awarded Mitchell 81 days of presentence custody credit,

consisting of 71 days of actual custody credit and 10 days of conduct credit.1 The court