People v. Turner CA3

Filed 10/10/22 P. v. Turner CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093558

Plaintiff and Respondent, (Super. Ct. Nos. 19FE007247, 19FE018267, 19FE022785) v.

DARRIEN RASHAD TURNER,

Defendant and Appellant.

Defendant Darrien Rashad Turner was convicted of multiple crimes in a global plea agreement that resolved three cases. On appeal, he argues the abstract of judgment and minute orders erroneously fail to conform with the trial court’s oral pronouncement of judgment. He also challenges the booking and classification fees listed in the minute orders, arguing (1) the fees were not orally imposed during sentencing, and (2) the fees are invalid after the passage of Assembly Bill No. 1869 (2019-2020 Reg. Sess.) (Stats. 2020, ch. 92, § 25). Finally, defendant argues he is entitled to additional custody credit. The People concede the alleged errors.

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Our review of the record reveals the trial court failed to impose certain mandatory assessments, and we will modify the judgment accordingly. We will also remand the matter for the court to consider imposing a restitution fine and parole revocation fine, modify the custody credit award, and order the trial court to issue a corrected minute order in Sacramento County Superior Court case No. 19FE007247 and abstract of judgment. FACTUAL AND PROCEDURAL BACKGROUND Given defendant’s contentions on appeal, we provide a limited summary of the facts and procedural background of the case. In Sacramento County Superior Court case No. 19FE007247 (case No. 247), defendant was arguing with his girlfriend in March 2019 when he threated to harm her father; the father feared for himself and his family. Defendant personally used a firearm during the crime. In Sacramento County Superior Court case No. 19FE018267 (case No. 267), defendant in October 2019 punched his girlfriend in the face and hit her with a metal rod, causing her to lose consciousness and suffer bruising. In Sacramento County Superior Court case No. 19FE022785 (case No. 785), defendant inflicted great bodily injury on his girlfriend and his minor child between October and December 2019, including strangling each of the victims. He did so while he was released on bail. In October 2020, defendant entered into a global plea agreement. In case No. 247, defendant pleaded no contest to making criminal threats (Pen. Code, § 422)1 and admitted that he personally used a firearm (§ 12022.5, subd. (a)). In case No. 267, defendant pleaded no contest to corporal injury causing a traumatic condition (§ 273.5, subd. (a)). In case No. 785, he pleaded no contest to unlawfully permitting a child to suffer under circumstances likely to cause great bodily injury (§ 273a, subd. (a); count