Turner

People v. Turner

Good Law
134 Cal. App. 4th 1591·2005 Cal. App. LEXIS 1949·2005 Daily Journal DAR 14651·36 Cal. Rptr. 3d 888·2005 Cal. Daily Op. Serv. 10720
Court of Appeal of CaliforniaDecember 20, 2005A105680California3,594 words

Opinion

Opinion

Stein, J.

Edward Lee Turner was convicted of multiple counts, committed against four different victims, of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)), forcible rape (§261, subd. (a)(2)), aggravated assault (§ 245, subd. (a)(1)), false imprisonment by violence (§§ 236, 237), making criminal threats (§ 422), kidnapping (§ 207), residential robbery (§§ 211, 212.5), and torture (§ 206). The court also found true allegations of seven prior convictions under the “Three Strikes” law (§ 1170.12), several prior serious felony convictions (§ 667, subd. (a)(1)), a prior conviction under the “One Strike” law (§ 667.61) and two prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to a total prison term of 283 years to life.

We shall reverse defendant’s conviction for robbery (count 12), on the ground that the prosecution was barred by the applicable statute of limitations, and remand for resentencing. In all other respects, the judgment shall be affirmed.

Facts

Discussion

I.

Denial of the Motion to Dismiss the 1995 Robbery Count As Barred by Statute of Limitations

Defendant first contends that the court erred in denying his motion to dismiss count 13 for…

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