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Name: People v. Turner
Case #: C037315
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/31/2002
Subsequent History: Rev. denied 6/26/02.

Appellant entered a guilty plea, and on the day of sentencing, was granted a continuance to allow him to file a motion to withdraw his guilty plea. Appellant did not move to withdraw the plea, and was sentenced to five years in state prison. He filed a notice of appeal and was granted a certificate of probable cause. On appeal, he argued that the court should set aside his guilty plea because it was involuntary. The appellate court found the issue waived, since appellant had never made a motion to withdraw his plea below. The trial court affirmed the judgment, but modified it to impose a lab fee and penalty assessments which the trial court had failed to impose.