People v. Taylor CA3

Filed 8/22/25 P. v. Taylor CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C102464

Plaintiff and Respondent, (Super. Ct. No. 10F05622)

v.

JOE NATHAN TAYLOR,

Defendant and Appellant.

Defendant Joe Nathan Taylor appeals from a postconviction order recalling his previous sentence and resentencing him pursuant to Penal Code section 1172.75.1 Appellate counsel filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal.3d 436 and asking this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. Although not required to

1 Further undesignated statutory references are to the Penal Code.

1

independently review the record in these circumstances (see, e.g., People v. Delgadillo (2022) 14 Cal.5th 216, 226), we have done so because defendant was not notified that his failure to file a supplemental brief may result in dismissal of the appeal. Our discretionary review of the record reveals that the amended abstract of judgment fails to reflect fines stayed by the trial court at sentencing. We will direct the trial court to correct this omission and forward a new amended abstract to the California Department of Corrections and Rehabilitation (CDCR). Finding no other arguable errors favorable to defendant, we shall affirm. I. BACKGROUND In April 2012, a jury convicted defendant of possession of a sharpened instrument while a prison inmate (§ 4502, subd. (a)). Thereafter, the trial court found true the bifurcated allegations that defendant had suffered two prior strike convictions (§ 667, subds. (b)-(i)) and a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to 25 years to life plus one year. Another panel of this court upheld this judgment in an unpublished decision issued in 2013. (People v. Taylor (June 17, 2013, C071283) [nonpub. opn.].) Effective January 1, 2020, Senate Bill No. 136 (2019-2020 Reg. Sess.) (Stats. 2019, ch. 590) amended section 667.5 “by limiting the prior prison term enhancement to only prior terms for sexually violent offenses.” (People v. Burgess (2022) 86 Cal.App.5th 375, 380.) On October 8, 2021, the Governor signed Senate Bill No. 483 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 728, § 3), which implemented a recall and resentencing procedure for individuals serving prison sentences including a section 667.5, subdivision (b) enhancement. (People v. Kimble (2024) 99 Cal.App.5th 746, 751, review granted Apr. 24, 2024, S284259, holding for the lead case.) According to that procedure, the CDCR notifies the sentencing court that a defendant is serving a sentence including a section 667.5, subdivision (b) enhancement. (§ 1172.75, subd. (b).) The sentencing court then