P. v. Turner
Filed 6/22/06 P. v. Turner CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOHN MARVIN TURNER, Defendant and Appellant. |
F049089
(Super. Ct. No. RF004580A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. John I. Quinlen, Judge.
Jackie Menaster, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
STATEMENT OF THE CASE
On May 11, 2005, the Kern County District Attorney filed an information in superior court charging appellant John Marvin Turner as follows:
Count I--driving a vehicle while under the influence of alcohol or a drug with three or more separate prior vehicular violations (Veh. Code, §§ 23152, subd (a), 23550), and refusing to submit to a blood alcohol test (Veh. Code, § 23612) with prior vehicular convictions (Veh. Code, § 23540), and a prior strike conviction (Pen. Code, §§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e));
Count II--driving in willful or wanton disregard for safety while being pursued by a peace officer (Veh. Code, § 2800.2) with a prior strike conviction (Pen. Code, §§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e));
Count III--willfully harming or injuring a child (Pen. Code, § 273a, subd. (b));
Count IV--misdemeanor driving with a suspended or revoked license (Veh. Code, § 14601.2, subd. (a)); and
Count V--misdemeanor willful use of a controlled substance (Health & Saf. Code, § 11550, subd. (a)).
On May 12, 2005, appellant was arraigned, pleaded not guilty to the substantive counts, and denied the special allegations.
On June 14, 2005, appellant filed a petition for writ of habeas corpus and supporting authorities in superior court, claiming he was falsely arrested on charges of evading an officer.
On or about June 29, 2005, appellant apparently attempted to file an appeal in his case and the superior court clerk issued a form letter stating: â€
