People v. Mitchell11/16/1981
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE
Crim. No. 13119
1981.CA.40158 ; 125 Cal. App. 3d 715; 178 Cal. Rptr. 188
November 16, 1981
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JEROME MITCHELL, DEFENDANT AND APPELLANT
Superior Court of San Diego County, No. CRN5884, Charles W. Froehlich, Jr., Judge.
Jerome Mitchell, in pro. per. and Darlene Weinhold, under appointment by the Court of Appeal, for Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Jay M. Bloom and Bernard A. Delaney, Jr., Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Work, J., with Cologne, Acting P. J., and Staniforth, J., concurring.
Work
Jerome Mitchell, an alcoholic, was convicted of petty theft with a prior conviction of petty theft (Pen. Code, §§ 488/666) and sentenced to a suspended three-year aggravated term. Probation conditions included his promise to abstain from the use of intoxicating beverages, undertake a program of Antabuse, not to violate the laws of the State of California, etc.; and to report as directed by the probation office. He attacks the validity of violating his probation for failing to abide by the alcohol-related conditions, claiming his "disease" insured noncompliance.
On December 4, 1979, the date Mitchell appeared for sentencing on this charge, he was presently serving a year in custody on a drunk driving matter in Camp Viejas, where he was undergoing alcohol rehabilitation. During sentencing, Mitchell asked the court for probation and to be allowed to remain in the Camp Viejas alcohol treatment program. The sentencing court asked Mitchell if he understood the above conditions, and others, and he personally assured the court he fully understood them. More than that, he specifically and personally agreed to accept the grant of probation and to abide by each condition. Having obtained the beneficent result for which he importuned the court, he did not appeal the order. However, he now appeals from an order more than one year later revoking probation and committing him to state prison.
The number and variety of criminal charges arising from Mitchell's conduct in the short time between his release from Camp Viejas and
the date of his current sentencing, both before being charged with probation violation and while on bail pending sentencing, is amazing. However, it seems clear Mitchell's initial probation violation resulted from his using alcohol, perhaps in celebration of his release from Camp Viejas, and being apprehended drunkenly driving on a public highway.
The only factor stated by the trial court for revocation of probation is Mitchell's numerous violations of the condition requiring him to totally abstain from the use of alcohol. However, testimony at the revocation hearing substantially shows one instance of driving under the influence of alcohol (Veh. Code, § 23102), a separate incident of drunk in public (§ 647, subd. (f)), another incident of resisting arrest (§ 148), an incident of trespassing (§ 602, subd. (n)), and an additional arrest for drunk in public (for a litany of other offenses, see decision in 4 Crim. 13228, filed this date).
Mitchell unmeritoriously raises
Page 1 2 3 California DUI Attorneys
DUI Lawyers
|