COURT OF APPEAL FOR ONTARIO
Simmons, Rouleau and Tulloch JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Marvin Turner
Applicant/Appellant
Counsel:
Anthony La Bar, for the appellant
Hannah Freeman, for the respondent
Heard: October 16, 2014
On appeal from the sentence imposed on July 23, 2012 by Justice Michael A. Code of the Superior Court of Justice.
APPEAL BOOK ENDORSEMENT
1The Crown concedes this appeal based on the companion case of R. v. Curry in which this court found an error in the sentencing judge’s treatment of the pre-sentence custody. We agree with this concession. Accordingly, the sentence of 46 months imprisonment is varied to 36 months imprisonment based on varying credit for pre-sentence custody from 20 months to 30 months. All other terms of the sentence imposed to remain the same.