COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Turner, 2014 ONCA 717
DATE: 20141020
DOCKET: C58259
Simmons, Rouleau and Tulloch JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Marvin Turner
Applicant/Appellant
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
[1] The 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.