People v. Taylor CA2/4

Filed 10/1/24 P. v. Taylor CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B329977

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA044074) v.

TERRY TAYLOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Thomas Rubinson, Judge. Affirmed. Aurora Elizabeth Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri, Supervising Deputy Attorney General, and Melanie Dorian, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Appellant Terry Taylor (Taylor) was convicted of attempted murder and mayhem in 2005. In 2022, Taylor petitioned for resentencing under former Penal Code section 1170.95,1 which has since been renumbered as section 1172.6. (Stats. 2018, ch. 1015, § 4; Stats. 2022, ch. 58, § 10.) The trial court denied his petition without an evidentiary hearing. We conclude that Taylor is ineligible for relief under section 1172.6, and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND We draw some of the facts here from the opinion on Taylor’s direct appeal from his conviction, issued by a prior panel of this court in 2007. (People v. Young (March 21, 2007, B188300) [nonpub. opn.].) In September 2003, Taylor and codefendant Jeffery Young (Young) were riding in a vehicle driven by Kristopher Govea (Govea). The vehicle pulled up next to a bus stop and a crowd of high school students. Some words were exchanged, and one of the passengers fired at least three times into the crowd. At trial, the prosecution argued that Young was the shooter, and Taylor was guilty as an aider and abettor. A jury convicted both Taylor and Young of three counts of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 664/187, subd. (a)), as well as three counts of mayhem (§ 203).2 The trial court sentenced Taylor to three consecutive sentences of 25 years to life on the attempted murder counts and stayed sentencing on the mayhem counts. This court