People v. Turner CA4/3

Filed 8/26/24 P. v. Turner CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062590

v. (Super. Ct. No. 11NF1003)

CHRISTOPHER TURNER, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Nicholas S. Thompson, Judge. Affirmed. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson and Heather M. Clark, Deputy Attorneys General, for Plaintiff and Respondent.

Christopher Turner appeals from a postjudgment order denying 1 his petition for resentencing pursuant to Penal Code section 1172.6. Turner argues the trial court erred by denying his petition because at the evidentiary hearing it applied the incorrect standard and erroneously admitted his confession to the police. Neither contention has merit, and we affirm the postjudgment order. FACTS An amended complaint charged Turner with willful, deliberate, and premeditated attempted murder (§§ 664, subd. (a), 187, subd. (a), count 1), three counts of street terrorism (§ 186.22, subd. (a), counts 2, 4, & 6), and two counts of aggravated assault (§ 245, subd. (a)(1), counts 3 & 5). As to counts 1, 3, and 5, the information alleged Turner personally inflicted great bodily injury (§ 12022.7, subd. (a)), and committed the offenses for the benefit of the gang (§ 186.22, subd. (b)(1)). The information also alleged recidivism- based allegations. As relevant here, Turner pleaded guilty to counts 1, 3, and 5 and the enhancements alleged as to those counts. Turner admitted the following facts as the basis for his guilty plea: “[O]n or about 3/19/2011 I did unlawfully and, with the intent to kill, attempted to kill John Doe #1. On or about 10/16/2010 and 7/4/2010 I did willfully and unlawfully commit an assault upon John Doe #2 and John Doe #3 with a knife. I personally inflicted great bodily injury on Doe #1, Doe #2 and Doe #3. On such date I committed the