People v. Turnage
55 Cal. 4th 62
| Cal. | 2012Background
- Defendant Barry Turnage, an ex-felon on probation, planted a box labeled C-4 with an American flag near a government center, causing a bomb scare.
- A center employee found the box, feared a bomb, and alerted police; the bomb squad investigated but found no explosive device.
- Turnage admitted leaving the box and claimed it was a joke; police recovered photos from Turnage near government buildings.
- He was convicted of one felony count under section 148.1(d) for placing a false or facsimile bomb, with prior strikes; he was sane at trial.
- The trial court imposed a total 30-years-to-life sentence, including a 25-to-life term under Three Strikes plus related enhancements.
- Court of Appeal reversed part of the judgment by treating the section 148.1(d) conviction as a misdemeanor for equal protection concerns, and the matter was reviewed by the California Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does section 148.1(d) violate equal protection versus section 11418.1? | Turnage contends no rational basis for disparity. | Turnage argues unequal treatment lacks rational basis. | No equal protection violation; rational basis exists. |
| What remedy if an equal protection violation were found? | People would determine appropriate remedy if defect existed. | Remedial approach contested; not decided here. | Remand for proceedings not inconsistent with the view; remedy not decided. |
Key Cases Cited
- People v. Quinn, 57 Cal.App.3d 251 (Cal. App. 1976) (common understanding of what a bomb is)
- People v. Dimitrov, 33 Cal.App.4th 18 (Cal. App. 1995) (bomb awareness and fear standards)
- Heideman, 58 Cal.App.3d 321 (Cal. App. 1976) (inherent danger of bombs and rapid harm)
- Morse, 2 Cal.App.4th 620 (Cal. App. 1992) (explosive devices and unpredictable harm)
- Wilkinson, 33 Cal.4th 821 (Cal. 2004) (rational-basis review standards for equal protection)
- Heller v. Doe, 509 U.S. 312 (U.S. 1993) (rational-basis review principles)
- Nordlinger v. Hahn, 505 U.S. 1 (U.S. 1992) (deferential approach to legislative classifications)
- Warden v. State Bar, 21 Cal.4th 628 (Cal. 1999) (equal protection rational-basis considerations)
- Seijas, 36 Cal.4th 291 (Cal. 2005) (infer from common sense reading of crimes involving false reports)