People v. Turner CA4/1

Filed 10/29/24 P. v. Turner CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082925

Plaintiff and Respondent,

v. (Super. Ct. No. SCD277197-02)

DARON DAVON TURNER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed with directions. James D. Decker, Griffin R. Schindler, Chris Jones, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski, Paige B. Hazard, Minh U. Le and Joseph Anagnos, Deputy Attorneys General for Plaintiff and Respondent.

This case contemplates whether Penal Code1 section 1172.75 mandates resentencing when the defendant pleaded guilty to two former section 667.5, subdivision (b), prison prior enhancements but the sentencing court struck those prison priors. After a motion for resentencing, the trial court concluded that the defendant, Daron Davon Turner, was not entitled to resentencing. We agree and affirm with directions. FACTUAL AND PROCEDURAL BACKGROUND In December 2018, Turner pleaded guilty to 11 counts of first degree burglary. (§§ 459 & 460.) He additionally admitted two prison priors (former § 667.5, subd. (b) & § 668), a serious felony prior (§§ 667, subd. (a)(1), 668 & 1192.7, subd. (c)), and two strike priors (§§ 667(b)-(i), 1170.12, & 668). Consistent with the plea agreement, the trial court sentenced him to a total term of 39 years eight months, consisting of eight years on count one (the middle term doubled for the strike); consecutive terms of two years eight months (one third of the middle term, doubled for the strike) for each of the remaining 10 counts; and five years for the serious felony prior. At the sentencing hearing, the court stated, “I’m going to strike the prison priors, however, based on the court’s sentence of 39 years . . . 8 months.” The felony abstract of judgment lists a section 667.5, subdivision (b), enhancement with “PS” (punishment struck) in the space for “time imposed.” The abstract of judgment contains instructions not to include fully stricken enhancements. In June 2022, the California Department of Corrections and Rehabilitation (CDCR) identified Turner as an individual possibly serving a now legally invalid section 667.5, subdivision (b) enhancement after the enactment of Senate Bill No. 483. Through appointed counsel, Turner filed a request for resentencing under section 1172.75. Following briefing and a