Court of Appeal for Ontario

CITATION: R. v. Mfizi, 2010 ONCA 253

DATE: 20100407

DOCKET: C49109

Before: Laskin, Gillese and Juriansz JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Josh Mfizi

Appellant

Counsel:

Ernest J. Guiste, for the appellant

Dena Bonnet, for the respondent

Heard: November 3, 2009

On appeal from the conviction entered on May 23, 2008 and the sentence imposed on June 17, 2008 by Justice Julie A. Thorburn of the Superior Court of Justice, sitting with a jury.

ADDENDUM APPEAL BOOK ENDORSEMENT

[1] The appellant later filed written submissions asking to appeal his sentence. The Crown responded to those submissions. Even accepting that the appellant had not abandoned his sentence appeal, for the reasons set out on the Crown’s response, we dismiss the appeal.

[2] Accordingly, although leave to appeal sentence is granted, the sentence appeal is dismissed.