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Modification: People v. Pomar

Ruling by

Danny Y. Chou

Lower Court

San Francisco County Superior Court

Lower Court Judge

Loretta M. Giorgi
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative.



Court

California Courts of Appeal 1DCA/5

Cite as

2023 DJDAR 10032

Published

Oct. 3, 2023

Filing Date

Sep. 29, 2023

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Jul. 12, 2023


THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Appellant,

v.

SINCERE POMAR,

Defendant and Respondent.

 

No. A167241

(City & County of San

Francisco Super. Ct. No.

CT21005460)

 

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Appellant,

v.

STEVIE MITCHELL, et al.,

Defendants and Respondents.

 

No. A167286

(City & County of San

Francisco Super. Ct. Nos.

CRI21005511, CRI21005527)

California Court of Appeal

First Appellate District

Division Five

Filed September 29, 2023

 

ORDER MODIFYING OPINION. [NO CHANGE IN JUDGMENT]

 

BY THE COURT:

The opinion filed Sept. 13, 2023, is modified as follows:

The second sentence of section C. on page 11 shall be replaced with the following sentence:

This court consolidated the two appeals and granted Mitchell's unopposed motion for calendar preference.

This order does not effect a change in the judgment.

Defendant and respondent Stevie Mitchell's Application For Correction Of Error In Court's Opinion is granted.

 

Trial Court: City & County of San Francisco Superior Court

Trial Judges: Christopher C. Hite & Loretta M. Giorgi

Counsel:

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Seth K. Schalit and Bridget Billeter, Deputy Attorneys General, for Plaintiff and Appellant.

Jennifer A. Mannix and Matthew Dale Alger, under appointments by the Court of Appeal, for Defendants and Respondents.

#281723

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