People v. Turner

California Court of Appeal Feb 21, 2002 No. C037315Published

Before: Sims

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Holding. A defendant forfeits the right to challenge the voluntariness of a guilty plea on appeal by failing to move to withdraw the plea in the trial court. Additionally, the appellate court may modify a judgment to include mandatory laboratory analysis fees and penalty assessments omitted by the trial court.

Issues

Whether a defendant may challenge the voluntariness of a guilty plea on appeal without first moving to withdraw the plea in the trial court.
Whether an appellate court may impose mandatory laboratory analysis fees and penalty assessments that the trial court failed to order.

Disposition. Modified and affirmed.

Quotations verified verbatim against the opinion

“In the circumstances, by failing to move to withdraw his plea in the trial court, defendant has forfeited the claim on appeal that his plea was entered involuntarily.”

“Because the fee and penalty assessments are mandatory, this court is empowered to order defendant to pay them even though the People made no objection in the trial court.”

116 Cal.Rptr.2d 205 (2002) 95 Cal.App.4th 936 The PEOPLE, Plaintiff and Respondent,

Jesse Dee TURNER, Defendant and Appellant.

No. C037315. Court of Appeal, Third District.

January 31, 2002. Rehearing Granted February 21, 2002. Tamara P. Holland, Berkeley, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Wanda Hill Rouzan, Supervising Deputy Attorney General, for Plaintiff and Respondent.

[206] SIMS, Acting P.J.

On September 18, 2000, defendant Jesse Dee Turner pled guilty to possession for sale of methamphetamine (Health & Saf. Code, § 11378) and being a felon in possession of a firearm (Pen.Code, § 12021.1, subd. (a)). Defendant also admitted as true allegations he suffered a prior serious felony conviction (Pen.Code, §§ 667, subd. (d), 1170.12, subd. (b)) and served a prior prison term (Pen.Code, § 667.5, subd. (b)).

On October 16, 2000, the day set for sentencing, defendant was granted a continuance to allow him to file a motion to withdraw his guilty plea.

On November 6, 2000, the sentencing hearing was reset because defendant had not filed the motion to withdraw his guilty plea. Defendant never moved to withdraw his plea.

On December 5, 2000, defendant was sentenced to a total of five years in state prison.

On December 21, 2000, defendant filed a notice of appeal and a request for a certificate of probable cause. The request for the certificate was supported by a declaration from defendant. In his declaration, defendant averred that a parole agent, who had participated in the search of a truck in which defendant had been a passenger, lied in his report when the agent described the truck as being owned by the defendant. In fact, according to a police report prepared by a police officer, the truck had been owned by defendant's brother. Defendant acknowledged that he received the parole agent's report two days after he entered his guilty plea.

People v. Turner

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DISPOSITION

NOTES

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