Opinion
E066603
02-23-2017
THE PEOPLE, Plaintiff and Respondent, v. JAMES EDWARD TURNER, Defendant and Appellant.
Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. FMB1500596) OPINION APPEAL from the Superior Court of San Bernardino County. Bert L. Swift, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL BACKGROUND
On December 22, 2015, a felony complaint charged defendant and appellant James Edward Turner, Jr., with (1) assault with a semiautomatic firearm under Penal Code section 245, subdivision (b) (count 1); (2) felon in possession of a firearm under section 29800, subdivision (a)(1) (counts 2, 6); (3) assault by means likely to produce great bodily injury under section 245 subdivision (a)(4) (count 3); (4) kidnapping under section 207 (count 4); and (5) terrorist threats under section 422 (count 5). As to count 1, the complaint alleged that defendant personally used a firearm under section 12022.5, subdivisions (a) and (d). As to count 3, the complaint alleged that defendant personally inflicted great bodily injury under section 12022.7, subdivision (a). The complaint also alleged that a prior conviction constituted a strike prior and a serious felony prior.
All statutory references will be to the Penal Code unless otherwise specified. --------
On July 6, 2016, defendant entered into a plea agreement wherein he pled guilty to assault with a semiautomatic firearm (count 1), and to a newly added count of battery causing serious bodily injury under section 243, subdivision (d) (count 7). In exchange, defendant would serve a three year sentence on count 1 and a concurrent sentence of three years on count 7. After defendant pled guilty, the court sentenced defendant pursuant to the terms of the plea agreement and ordered him to serve three years in prison. Thereafter, the court dismissed all the remaining counts and allegations.
On August 9, 2016, defendant filed a notice of appeal and a request for a certificate of probable cause, which the court denied. Thereafter, on August 17, 2016, defendant filed an amended notice of appeal.
On November 7, 2016, the trial court filed an amended abstract of judgment, reflecting a corrected credit for time served award—199 actual credits and 198 conduct credits.
B. FACTUAL BACKGROUND
On or about October 11, 2015, defendant assaulted Jane Doe with a semiautomatic weapon. Defendant also committed a battery causing serious bodily injury on Raymond J.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
Acting P. J. We concur: CODRINGTON
J. SLOUGH
J.