People v. Turner CA4/1

Filed 8/31/20 P. v. Turner CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D075569

Plaintiff and Respondent,

v. (Super. Ct. No. SCD277197 )

DAREN TYRONE TURNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Appeal dismissed. Johanna Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters and Julie L. Garland, Assistant Attorneys General, Steve Oetting and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent. At the conclusion of his sentencing hearing, Daren Tyrone Turner’s attorney stated Turner would waive his presence at any future restitution hearing. The trial court accepted the waiver. On appeal, Turner denies he waived his right to attend future restitution hearings, contends any such

waiver violated his statutory and constitutional rights, and maintains he was prejudiced by the court’s acceptance of the waiver. He further contends “[t]he matter must be remanded with an order entered permitting [him] to attend future restitution hearings unless he executes a knowing, intelligent, and voluntary waiver of his right to do so.” The People contend the issue is not ripe for appellate review because there is no guarantee that an additional restitution hearing will ever occur outside of Turner’s presence. They assert, “there was no error because the record suggests he made a knowing and intelligent waiver of his presence at future restitution hearings.” We conclude the issue is not ripe for review and dismiss the appeal.