Turner

People v. Turner

Caution
145 Cal. App. 3d 658·193 Cal. Rptr. 614·1983 Cal. App. LEXIS 1999
Court of Appeal of CaliforniaAugust 2, 1983Crim. 13331California9,696 words

Opinion

Opinion

Wiener, J.

In a second trial, a jury found John Edward Turner guilty of rape (Pen. Code, former § 261, subd. 3), two counts of oral copulation (§ 288a, subd. (c)), robbery (§ 211) and kidnaping (§ 207). The jury also found Turner used a gun in committing each offense (§§ 12022.3, subd. (a), 12022.5). Before trial, outside the presence of the jury, Turner consented to his counsel’s stipulation acknowledging an earlier felony conviction. The jury findings thus resulted in Turner’s additional conviction of being an ex-felon in possession of a firearm (§ 12021).

Turner’s appeal from the judgment vigorously challenges his convictions on numerous grounds. Our lengthy opinion is necessary because Turner presents a number of issues including claims relating to the sufficiency of the evidence and allegations of prosecutorial misconduct. Under such circumstances, we cannot merely limit our review to the evidence favorable to the People but are required to examine the entire record in the light most favorable to the judgment to properly evaluate whether there is substantial evidence, i.e., reasonable evidence of solid and credible value, to support each conviction. (People v. Johnson (1980)…

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