People v. Turner CA

Filed 1/17/14 P. v. Turner CA

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E059373

v. (Super.Ct.No. RIF121921)

ROBERT NAHSHAN TURNER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant Robert Turner is serving a life sentence under the Three Strikes law

after a 2006 conviction for possessing cocaine base for sale (Health & Saf. Code, §

11351.5) with a criminal street gang enhancement (Pen. Code, § 186.22, subd. (b)(1)).

Defendant appeals from the superior court’s denial of his petition to recall his sentence

1

under Penal Code, section 1170.126. The court ruled the gang enhancement makes

defendant statutorily ineligible for resentencing.