People v. Turner CA2/6

Filed 2/18/26 P. v. Turner CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B336360 (Super. Ct. No. 23F-03778) Plaintiff and Respondent, (San Luis Obispo County)

v.

BRANDI ELAINE TURNER,

Defendant and Appellant.

Brandi Elaine Turner appeals a judgment following her conviction of voluntary manslaughter and several drug offenses for causing the overdose death of a man to whom she sold fentanyl. (Pen. Code,1 § 192, subd. (a); Health & Saf. Code, §§ 11352, subd. (a), 11351, 11377, subd. (a).) Turner was sentenced to seven years in state prison. Turner contends the trial court erred in imposing a midterm sentence for her voluntary manslaughter conviction

1 All statutory references are to the Penal Code unless otherwise stated.

because it misconstrued section 1170, subdivision (b)(6). Because she endured childhood trauma and sexual and domestic abuse, Turner contends she is entitled to remand so that the trial court can consider a low term sentence. We affirm. FACTUAL AND PROCEDURAL HISTORY In October 2022, Quinn Hall sent a message to Turner stating that he had $100 to purchase drugs. On many prior occasions, Hall purchased drugs from Turner; text messages between them reflected sales of fentanyl and methamphetamine from August through October 2022. In April 2022, Turner and her husband overdosed on drugs containing fentanyl. Fire department personnel found the husband dead at the scene; Turner was admitted to a hospital, treated, and survived. Several times Turner warned Hall that her husband had died from a fentanyl overdose. On October 26, 2022, Turner and Hall arranged to meet behind an animal shelter where Turner sold Hall baggies of fentanyl and methamphetamine. Hall ingested the drugs and soon died from a fentanyl overdose. When found by a sheriff’s deputy, he was lying on the ground behind the animal shelter, clutching narcotics paraphernalia in his hand. Turner had previously worked as a correctional officer with the Department of Corrections and Rehabilitation for seven years. As part of her law enforcement training, Turner took a drug identification and training course that included information regarding the dangers of fentanyl. Turner was charged with murder based on her providing Hall with drugs that caused his death (§ 187, subd. (a)) and several controlled substance offenses. The jury convicted Turner of the sale of fentanyl, possession of fentanyl for sale, and