LAKE COUNTY ? According to a press release from the Office of the District Attorney of Lake County, a Nice man was sentenced to 15 years and eight months for sexual assault.
On Monday Judge Arthur H. Mann sentenced Darnell James Mitchell, 46, of Nice to a term of 14 years in state prison for a sexual assault which took place on Nov. 2, 2008.
Mitchell pleaded guilty on Aug. 24, to one count of violating Penal Code section 220(a) (assault with intent to commit rape). A violation of Penal Code section 220(a) is punishable by imprisonment in the state prison for two, four, or six years. Judge Mann elected to impose the upper term of six years.
That term was doubled to 12 years because Mitchell admitted that he had been convicted of a prior strike, a violation of Penal Code section 288(a) out of Alameda County in 1997. Mitchell”s sentence was further enhanced by two years because he admitted that he had served two prior prison terms within the meaning of Penal Code section 667.5(b). Mitchell had previously been sentenced to a term in state prison for a violation of Penal Code section 290, failure to maintain registration as a sex offender, and one prior prison term, so another one year and eight months was added to his sentence. The total aggregate term is 15 years and 8 months. Because a violation of Penal Code section 220 is a violent felony Mitchell must serve 85 percent of his sentence before he is eligible for parole.
Police reports indicate that on Nov. 2, 2008, the victim was at Mr. Mitchell”s residence with several other people. The victim, who was 14 years old, consumed an unknown amount of alcohol. She, Mitchell and another 18 year-old woman left the residence and went to a nearby playground and continued to consume alcohol.
Mitchell attempted to grope the 18 year-old; she was able to escape but was forced to leave the victim, who was at that time passed out from the effects of the alcohol.
The 18 year-old shortly returned to the park with another young woman to help her get the victim home. There they saw Mitchell lying on top of the victim.
He ran when he saw the two women approaching. The two women then took the victim home.
The lead investigator on the case was Detective Mike Curran of the Lake County Sheriff”s Office (LCSO). Mitchell was represented by Jeremy Dzubay.
The victim received services through the District Attorney”s Victim Witness program. The case was prosecuted by Deputy District Attorney Ed Borg.
