People v. Turner CA5

Filed 6/23/21 P. v. Turner CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F081519 Plaintiff and Respondent, (Kern Super. Ct. No. DF014539A) v.

TYRONE TENDASHAGI TURNER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David E. Wolf, Judge. Dorothy A. Streutker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant and defendant Tyrone Tendashagi Turner, a state prison inmate, pleaded no contest to felony aggravated battery and was sentenced to two years in prison. On

* Before Hill, P.J., Levy, J. and Detjen, J.

appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On July 30, 2018, Correctional Officer Bess was on duty at Kern Valley State Prison; he was picking up trays after breakfast. He reached cell No. 102, where defendant was housed by himself. Defendant had just arrived in the facility one or two days earlier. Bess opened the cell’s food port, and defendant was supposed to hand out his food tray. Instead, defendant threw the contents of a milk carton at Bess. The contents consisted of feces and landed on Officer Bess’s skin and uniform. Defendant yelled, “[T]his is your fault, you should have never listened to that bitch.” Bess did not know what defendant meant and had no prior history with him. PROCEDURAL BACKGROUND On November 18, 2019, an information was filed in the Superior Court of Kern County charging defendant with a felony violation of Penal Code section 4501.1,2 aggravated battery on a peace officer or state prison employee by gassing, with the further allegation that he had a prior strike conviction for murder in 1996. On March 17, 2020, defendant entered into a negotiated disposition and pleaded no contest to the charged offense; he also admitted the prior strike conviction, for an indicated second strike term of two years consecutive to the prison term he was already serving. On June 29, 2020, the court sentenced defendant to one year (one-third the midterm) doubled to two years as the second strike term, to be served consecutively to