Turner

People v. Turner

Caution
1998 Cal. App. LEXIS 960·67 Cal. App. 4th 1258·79 Cal. Rptr. 2d 740·98 Daily Journal DAR 11883·98 Cal. Daily Op. Serv. 8573
Court of Appeal of CaliforniaNovember 20, 1998B116907California3,454 words

Opinion

Opinion

Hastings, J.

Larry Gene Turner, appellant, appeals from his conviction of two counts of second degree robbery (counts 1 and 2) with use of a firearm and one count of evading a police officer (count 3). In addition to conviction of these crimes, the court found true the allegations that appellant had suffered two prior convictions, one for manslaughter in 1980 and the other for residential burglary in 1985, each of which qualified as a serious felony within the meaning of Penal Code section 667, subdivision (a) and as “strikes” under the “Three Strikes” law, sections 667, subdivisions (b)-(i) and 1170.12, subdivisions (a)-(d). It also found true the allegation that appellant had served a prior prison term within the meaning of section 667.5, subdivision (b). The court struck the manslaughter prior conviction and sentenced appellant to prison as a second strike offender for a total term of twenty-seven years and four months, calculated as follows: double the base term of five years on count 1 plus a ten-year term on the firearm use enhancement; double the base term of five years on count 2 plus the ten-year enhancement, to run concurrently with count 1; double one-third of the midbase…

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