P. v. Turner
Defendant Edwin Darcell Turner, along with codefendants Kevin D. Wallace, Daqunn L. Tunstall, and Tony L. Hobson, was charged by information with two counts of premeditated attempted murder (Pen. Code, §§ 664, 187, subd. (a); counts 3 & 4), as well as firearm and gang allegations (§§ 12022.53, subds. (b), (c), 186.22, subd. (b)(5), (b)(1)(C)). Turner was additionally charged as a felon in possession of a firearm (former § 12021; count 5). The defendants were tried separately.[1]
In his first trial, Turner was convicted of possession of a firearm by a felon (count 5), but the jury deadlocked on the attempted murder counts (counts 3 & 4), and the court declared a mistrial. The attempted murder counts were retried to a second jury, and Turner was found guilty on both counts and all corresponding allegations were found true. (The jury was unable to make a unanimous finding for the premeditation allegations, however, and a mistrial was declared as to those allegations.) Turner was sentenced to 51 years 4 months in prison.
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