People v. Turner CA4/1 ( 2014 )

Filed 5/20/14 P. v. Turner CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D065057
Plaintiff and Respondent,
v. (Super. Ct. No. SCD249266)
CHERYL TURNER,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Dwayne
K. Moring, Judge. Affirmed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Cheryl Turner was charged with corporal injury to a spouse or roommate (Pen.
Code, § 273.5, subd. (a)),1 and it was specially alleged she personally used a dangerous
and deadly weapon in the commission of the offense (§§ 12022, subd. (b)(1) & 1192.7,
1 All further statutory references are to the Penal Code unless otherwise specified.
subd. (c)(23)). Turner was also charged with assault with a deadly weapon (§ 245, subd.
(a)(1)) and it was specially alleged she personally used a deadly weapon in connection
with that offense (§ 1192.7, subd. (c)(23)). The felony complaint also alleged Turner had
two prior serious felony convictions (§§ 667, subd. (a)(1), 668 & 1192.7), and had
suffered numerous prior strike convictions within the meaning of sections 667,
subdivisions (b) through (i), 1170.12 and 668.
The parties entered into a plea bargain pursuant to which Turner pleaded guilty to
the corporal injury charge, and admitted one of the prior strike allegations, with the
further agreement the other charges and allegations would be dismissed, and with the
understanding she could receive a maximum term of imprisonment of 8 years, a $10,000
fine, and four years of parole or postrelease community supervision.
After rejecting Turner's motion under People v. Superior Court (Romero) (1996)
13 Cal.4th 497 to dismiss the remaining prior strike allegation, the court sentenced her to
a total term of four years, plus various fines. Turner obtained a certificate of probable
cause and filed a notice of appeal. We affirm the judgment.
FACTS
Turner admitted that, on July 2, 2013, she inflicted corporal injury resulting in a
traumatic condition on her cohabitant. She also admitted that, in 1985, she was convicted
of a violation of Penal Code section 245, subdivision (a)(1), alleged as a prior strike.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings below. Counsel presents no argument for reversal, but asks this court to
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review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and
Anders v. California (1967) 386 U.S. 738. Counsel identifies as possible, but not
arguable, issues: whether Turner was misadvised of the consequences of her guilty plea
and whether the trial court abused its discretion when it denied her motion to dismiss the
prior strike allegation she admitted.
We granted Turner permission to file a supplemental brief on her own behalf, but
she has not responded. A review of the record pursuant to People v. Wende, supra, 25
Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably
arguable appellate issues. Turner has been competently represented by counsel on this
appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
HALLER, Acting P. J.
McINTYRE, J.
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