People v. Turner

Opinion

WIENER, J.

In a second trial, 1 a jury found John Edward Turner guilty of rape (Pen. Code, former § 261, subd. 3), 2 two counts of oral copulation (§ 288a, subd. (c)), robbery (§ 211) and kidnaping (§ 207). The jury also found Turner used a gun in committing each offense (§§ 12022.3, subd. (a), 12022.5). Before trial, outside the presence of the jury, Turner consented to his counsel’s stipulation acknowledging an earlier felony conviction. The jury findings thus resulted in Turner’s additional conviction of being an ex-felon in possession of a firearm (§ 12021).

Turner’s appeal from the…