People v. Turner CA2/5

BACKGROUND AND PROCEDURAL HISTORY

A. Facts

A probation report dated April 5, 2017, stated that police responded to a disturbance call at a residence. When they arrived, the victim reported that Turner, who is her son, had violently assaulted her in her home on February 14, 2017, fracturing her ribs and dislocating her shoulder. Turner returned to his mother’s home on February 17, 2017, and demanded to be let inside. He struck a window with his fists and feet until it shattered, and then he walked through the broken window into the home. Once inside, Turner threatened his

1 All further statutory references are to the Penal Code.

2 mother, who fled and called the police. When officers detained Turner, he became combative, resisted, and spat on one of the officers. The officers put a “spit sack” over Turner’s head and placed him in the patrol car. Turner thrashed and kicked, breaking the window of the vehicle. At the station, Turner again resisted arrest and was subdued. When the officers loosened the spit sack to book him, Turner spat on another officer. At the time that he committed the offenses, Turner was on probation in Case No. BA445945 for human trafficking of a minor…