People v. Taylor CA1/4

Filed 6/30/25 P. v. Taylor CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A170177

v. (Alameda County JESSIE JAMES TAYLOR, Super. Ct. No. 173702) Defendant and Appellant.

Jessie James Taylor appeals from the sentence the trial court imposed in response to his petition for resentencing under Penal Code,1 section 1172.75. He contends, and the People agree, that the trial court erred by imposing an enhancement under section 667, subdivision (a) (section 667(a)) that he never admitted in his plea and by failing to update his days of credits for time served. He also points out a clerical error in the abstract of judgment. We agree with Taylor’s arguments and remand the case for resentencing to address them.

1 Undesignated statutory citations are to the Penal Code.

1

BACKGROUND The facts concerning Taylor’s offense, which are set forth in more detail in our opinion in Taylor’s companion appeal, are irrelevant here. It suffices here to note that on May 10, 2016, Taylor pled no contest to voluntary manslaughter (§ 192, subd. (a)) and admitted one prior conviction for attempted second degree robbery (§ 211) as a prior prison term under section 667.5, subdivision (b) (section 667.5(b)) and as a strike under sections 667, subdivision (e)(2) and 1170.12, subdivision (c)(2), but not as a serious felony. Taylor also admitted to serving prior prison terms under section 667(b) on two other convictions for attempted grand theft (§ 487, subd. (c)) and attempted second degree robbery but did not admit those two convictions as strikes or serious felonies. In August 2016, the trial court sentenced Taylor to the negotiated term of 25 years in prison, which consisted of the upper term of 11 years for voluntary manslaughter (§ 193, subd. (a)), doubled because of the one admitted strike, with one year for each of the admitted prior prison terms under section 667.5(b). The court awarded 928 days of actual custody credits and 139 days of conduct credits for a total of 1,067 days. During proceedings on a petition Taylor filed for resentencing under section 1172.6 (discussed in more detail in our opinion in the companion appeal), Taylor also requested a full resentencing under section 1172.75 because the prior prison term enhancements he admitted were no longer valid after recent legislation. While opposing Taylor’s section 1172.6 petition, the