People v. Mitchell

Full title: THE PEOPLE, Plaintiff and Respondent, v. TYREE MAURICE MITCHELL, Defendant…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Mar 9, 2010

No. G041189 (Cal. Ct. App. Mar. 9, 2010)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. TYREE MAURICE MITCHELL, Defendant and Appellant. G041189 California Court of Appeal, Fourth District, Third Division March 9, 2010

NOT TO BE PUBLISHED

Super. Ct. No. FVA020066

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

MOORE, J.

It is ordered that the opinion filed herein on February 9, 2010, be modified as follows:

1. On page 17 of the opinion, add the following language as a new paragraph after the second full paragraph: “Defendant also contends there was insufficient evidence to support his sentence enhancement under section 186.22, subdivision (b) to show he ‘acted with the sole specific intent to benefit a criminal street gang.’ Because the statute does not require a sole specific intent, the statutory language is clear on its face and defendant does not state any authority for his argument, we deem it to be waived. (Roden v. AmerisourceBergen Corp. (2007) 155 Cal.App.4th 1548, 1575-1576.)”

This modification does not effect a change in the judgment. The petition for rehearing is DENIED.

WE CONCUR: SILLS, P. J., IKOLA, J.