People v. Turney CA3

Filed 10/12/21 P. v. Turney CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C091716

Plaintiff and Respondent, (Super. Ct. No. 08F09808)

v.

TAMMY RENEE TURNEY,

Defendant and Appellant.

Defendant Tammy Renee Turney appeals from the trial court’s order denying her petition for resentencing under Penal Code section 1170.95. Defendant contends the trial court erred by summarily denying her petition after determining she failed to establish a prima facie case under the provisions of the statute. She argues the trial court should have issued an order to show cause and allowed the petition to proceed for full consideration on its merits. We agree the trial court erred in denying defendant’s petition and will remand the case for further proceedings.

1

FACTUAL AND PROCEDURAL BACKGROUND On February 26, 2010, defendant pleaded no contest to first degree murder (Pen. Code, § 187, subd. (a)).1 At the plea hearing, the prosecutor recited the factual basis for the plea as: “[Defendant], along with two co-conspirators, one of whom was her son, on the evening of November 24, 2008, entered into a conspiracy to rob the victim [David Barreda] of his property by force. The robbery was not effected on the evening of the 24th. Rather it happened the morning of the 25th after [Barreda] spent the evening sleeping over at [defendant’s] residence with the other two co-conspirators. [¶] That morning while [defendant] was in another room one of her co-conspirators, [Curtis Chapman], took a handgun and shot [Barreda] in the back of the head and took his property. [¶] Defendant and her co-conspirators then put [Barreda] in the trunk of his car. One of the other conspirators drove the car and abandoned it hoping that the authorities would not link it to them. [¶] Upon being contacted by police [defendant] eventually confessed to police her role in this, assisted them in locating evidence, including evidence that she herself had attempted to hide and destroy.” In accordance with the plea, the trial court sentenced defendant to an indeterminate term of 25 years to life. The trial court also dismissed the remaining charged count of robbery (§ 211) and the allegation defendant committed the murder while engaged in committing robbery (§ 190.2, subd. (a)(17)). On January 4, 2019, defendant filed a petition for resentencing under section 1170.95. In the petition, defendant declared that a complaint, information, or indictment had been filed against her that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine; that she