People v. Turner CA4/1

Filed 5/20/14 P. v. Turner CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D065057

Plaintiff and Respondent,

v. (Super. Ct. No. SCD249266)

CHERYL TURNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne

K. Moring, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Cheryl Turner was charged with corporal injury to a spouse or roommate (Pen.

Code, § 273.5, subd. (a)),1 and it was specially alleged she personally used a dangerous

and deadly weapon in the commission of the offense (§§ 12022, subd. (b)(1) & 1192.7,

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

subd. (c)(23)). Turner was also charged with assault with a deadly weapon (§ 245, subd.

(a)(1)) and it was specially alleged she personally used a deadly weapon in connection

with that offense (§ 1192.7, subd. (c)(23)). The felony complaint also alleged Turner had