People v. Taylor CA1/2

Filed 10/10/25 P. v. Taylor CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A172267 v. ERIC TAYLOR, (San Bernardino County Super. Ct. No. FVI24000854 Defendant and Appellant.

A jury found defendant Eric Taylor guilty of making criminal threats, found true the enhancement allegation that he was armed with a handgun while committing the offense, and separately found him guilty of possession of a firearm by a felon.1 Defendant’s sole claim on appeal is that the trial court should have stayed, pursuant to Penal Code section 654, the punishment for either the firearm enhancement or the offense of possession of a firearm by a felon.2 Finding no error, we affirm.

1 The California Supreme Court transferred this matter from the Court

of Appeal for the Fourth Appellate District to the First Appellate District on January 15, 2025. 2 Defendant, represented by court-appointed appellate counsel, did not

file a reply brief.

1

FACTUAL AND PROCEDURAL BACKGROUND Christopher Brown is a manager of a 7-Eleven in Victorville. On March 27, 2024, Brown was ringing up a customer when defendant entered the 7-Eleven. Another manager reported to Brown that defendant was not allowed in the store because he had been caught stealing; so Brown told defendant he was not allowed in the store and asked him to leave. Defendant “started to get aggressive” and said he was going to do what he wanted, and he just wanted a beer. Brown told defendant, “ ‘If you’re not going to leave, I’m going to call the cops.’ ” Defendant started to leave, and then he stopped and said he was Crips, and he would shoot Brown and everyone in the store. Defendant “pointed his hand at [Brown] like a handgun.” As defendant left, his “shirt lifted up,” and Brown saw “the butt of a gun in his belt line.” Defendant exited the store and continued to yell while there were customers outside. Brown was afraid defendant was going to shoot him. The customer he was ringing up was “freaking out and screaming.” Brown called 911. During the 911 call, Brown reported that defendant was “going over to the Chevron now across the street.” Brown remained afraid because he did not know if defendant was going to return. San Bernardino County deputies responded to the Chevron gas station on “a high priority call of a man with a gun” and detained defendant. A firearm with ammunition “chambered in the barrel, ready to shoot” was found in his pants pocket. Defendant was charged with criminal threats (Pen. Code,3 § 422, subd. (a); count 1); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2);