People v. Turner CA2/2

I. Background Facts

In May 1996, defendant aided and abetted two others in committing an armed robbery of McDonald’s employees in a McDonald’s drivethrough. (People v. Turner (October 16, 1998, B112835) [nonpub. opn.], at pp. 2-3.) After law enforcement traced a license plate observed at the robbery to defendant’s car, they effected a traffic stop and found defendant with a loaded firearm on his person and a small rock of cocaine in the car’s center console. (Id., at p. 3.) The People charged defendant with (1) second degree robbery (Pen. Code, 2 § 211) ; (2) felon in possession of a firearm (§ 12021, subd. (a)(1)) ; and (3) possession of a controlled substance (Health & Safety Code, § 11350, subd. (a)). The People further alleged that defendant’s two 1992 convictions for robbery constituted two prior “strikes” within the meaning of the Three Strikes law (§§ 667, subd. (b)-(i), 1170.12, subds. (a)-

All further statutory references are to the Penal Code unless otherwise indicated. This section was subsequently repealed and reenacted as section 29800, subdivision (a)(1). (See Cal. Law Revision Com. &…