People v. Turnage CA3

Filed 4/15/15 P. v. Turnage CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo) ----

THE PEOPLE, C075153

Plaintiff and Appellant, (Super. Ct. Nos. CRF041665,

CRF065019)

v.

BARRY TURNAGE,

Defendant and Respondent.

This is an appeal by the People. The sole issue is whether a defendant who was originally sentenced to an indeterminate term under the “three strikes” law as it stood prior to November 7, 2012, the operative date of the Three Strikes Reform Act of 2012 (the Act), and whose sentence is vacated on appeal and the matter remanded for resentencing after November 7, is entitled to be resentenced to a determinate term as provided by the Act’s amendment to the three strikes law. The trial court herein…