P. v. Turner
Filed 1/10/07 P. v. Turner CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. LAFONZO RAY TURNER, Defendant and Appellant. | C050169 (Super. Ct. No. 04F01206) |
Defendant Lafonzo Ray Turner successfully brought a Faretta[1] motion and represented himself at trial, after which he was found guilty by a jury of one count of dissuading a witness in violation of Penal Code section 136.1, subdivision (a)(2).[2] The court sentenced defendant to the upper term of three years in state prison, plus one year to be served consecutively for a prior prison term found true by the jury.
On appeal, defendant contends the trial court erred by (1) allowing defendant to represent himself; (2) not conducting, sua sponte, a hearing to determine defendant's competency to stand trial; (3) allowing defendant to continue representing himself in light of information that he suffered from mental illness; and (4) imposing the upper term in violation of both Blakely[3] and the prohibition against dual use of facts. We shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The victim, Edd Stevenson, and his wife, Ronda Jackson, lived with their two children on Ridge Willow Court in South Sacramento. Defendant, Jackson's brother, stayed with them at their home for a brief period during December 2003.
According to Stevenson and other prosecution witnesses, defendant came to Stevenson's house in the early morning hours of December 14, 2003, and, after exchanging words with Stevenson, shot him in the leg.[4] Stevenson told Jackson, â€
