People v. Taylor CA2/3

Filed 3/3/25 P. v. Taylor CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B335451

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA087551-03 v.

DANIEL ANTHONY TAYLOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Terrell, Judge. Reversed and remanded with instructions.

Richard B. Lennon, 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, Jonathan M. Krauss and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Daniel Anthony Taylor appeals from a judgment of conviction after the trial court executed a suspended prison sentence. Taylor had violated his probation. Taylor argued below, and contends on appeal, that his probation had expired under Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (Assembly Bill 1950), which took effect on January 1, 2021, and reduced the maximum length of probation for most felonies to two years. (See People v. Prudholme (2023) 14 Cal.5th 961, 963 (Prudholme).) We agree. We therefore reverse and remand for the trial court to modify the term of Taylor’s probation to conform with Assembly Bill 1950, to reinstate and then terminate his probation, and to vacate his prison sentence. FACTS AND PROCEDURAL BACKGROUND As the facts of the underlying crime are not necessary for our resolution of this appeal, we summarize them only briefly. In August 2016, Taylor and two other men beat a fellow inmate in a correctional facility. The threesome hit the victim repeatedly with their fists while the victim lay on the ground in a fetal position with his hands covering his face and his knees tucked up into his chest. The People charged all three perpetrators with assault by means of force likely to produce great bodily injury. The People alleged Taylor had two prior strikes and three prison priors. On December 14, 2017, Taylor entered into a plea agreement with the People. Taylor pleaded no contest to the charge. The People moved to strike both strikes as well as the prison priors and the court granted that motion. The court sentenced Taylor to the agreed-upon sentence of the midterm of three years in the state prison. The court suspended execution of the sentence and placed Taylor on three years of formal felony