People v. Turner CA2/8

Filed 6/5/14 P. v. Turner CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B250735

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054433) v.

TALISA HOOPER TURNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bernie C. LaForteza, Judge. Affirmed.

Geoffrey A. Neri, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

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Talisa Hooper Turner appeals from a judgment revoking probation and imposing a state prison sentence after a contested hearing. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issue. We affirm. FACTUAL AND PROCEDURAL BACKGROUND As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we provide a brief description of the facts and procedural history of the case. Appellant was charged with one count of dissuading a witness from testifying. (Pen. Code, § 136.1, subd. (a)(1).)1 The information also contained gang allegations (§ 186.22, subd. (b)(4)), allegations of a prior strike (§§ 667, 1170.12, subd. (a)), allegations of a prior serious felony conviction (§ 667, subd. (a)(1)), and allegations of three prior prison terms (§ 667.5, subd. (b)). Appellant pleaded no contest to dissuading a witness from testifying and admitted the three prior prison terms. On February 12, 2012, the court sentenced appellant to six years in state prison, consisting of three years for the substantive offense and one year each for the three prior prison terms. The court dismissed the remaining allegations. Having imposed this sentence, the court then suspended execution of the sentence and placed appellant on probation for three years. On August 13, 2012, the court revoked appellant’s probation because of two new arrests, one in a felony case and one in a misdemeanor case. The felony complaint involved two counts -- possession for sale of cocaine base (Health & Saf. Code, § 11351.5) and possession of a controlled substance (Health & Saf. Code,