People v. Turney CA5
Opinion
Opinion
BACKGROUND
On September 17, 2012, the Kern County District Attorney charged defendant with willful infliction of corporal injury resulting in a traumatic condition (§ 273.5, subd. (a); count 1) and unlawful use of force or violence upon a person resulting in serious bodily injury (§ 243, subd. (d); count 2). The charges included various allegations, but no allegations pursuant to section 667(e). On November 29, 2012, at the change of plea hearing, the following occurred:
“[THE COURT:] He—he will be admitting—does have an unalleged 1993 strike? Is that it?
“[PROSECUTOR]: Yes, your Honor. And I—
“[DEFENSE COUNSEL]: If I may, your Honor.
1 All statutory references are to the Penal Code unless otherwise noted. Henceforth, we refer to section 667, subdivision (e) as section 667(e). 2 Section 667(e) provides in relevant part: “(e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions which may apply, the following shall apply where a defendant has one or more prior serious and/or violent felony convictions: [¶] (1) If a defendant has one prior serious and/or violent felony conviction … that has been pled and…