Turner
People v. Turner
Opinion
Opinion
Turner, J.
I. Introduction
Defendant, Fred L. Turner, appeals from the judgment entered after a jury trial in which he was convicted of first degree residential robbery (Pen. Code, § 211) and false imprisonment by violence. (§ 236.) Defendant was found not guilty of a charge of second degree robbery in violation of section 211 in an unrelated incident. The trial court also found to be true allegations defendant had: two prior serious felony convictions within the meaning of section 667 subdivision (a)(1); two prior serious or violent felony convictions within the meaning of section 667, subdivisions (b)-(i); and served a prior prison term within the meaning of section 667.5, subdivision (b). Defendant contends the trial court erred in sentencing him under section 667, subdivisions (b)-(i) for a 1979 robbery which was not a serious or violent felony on the date of that conviction. Further, he argues the trial court erroneously used the two prior felony convictions both to impose two 5-year enhancements for prior felony convictions and to impose a twenty-five-year-to-life sentence and violated section 654. We affirm.