People v. Taylor CA5

Filed 10/24/13 P. v. Taylor CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Appellant. F064458

v. (Super. Ct. No. VCF256404)

DARRYL JEWEL TAYLOR, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary Paden, Judge.

Kendall Simsarian, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna, Tiffany J. Gates, and Charity S. Whitney, Deputy Attorneys General, for Plaintiff and Appellant. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Franson, J.

INTRODUCTION On October 19, 2011, appellant, Darryl Jewel Taylor, was charged in an information with three felonies: making a criminal threat (Pen. Code, § 422, count 1),1 assault with a deadly weapon (§ 245, subd. (a)(1), count 2), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 3). He was also charged with two misdemeanors: possession of a smoking device (Health & Saf. Code, § 11364, subd. (a), count 4) and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a), count 5). The information further alleged use of a deadly or dangerous weapon in the commission of count 1 (§ 12022, subd. (b)(1)), a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)- (i) & 1170.12, subds. (a)-(d)), and a prior serious felony conviction (§ 667, subd. (a)(1)). On December 15, 2011, a jury found Taylor guilty of count 3 and acquitted him of count 2. The jury found Taylor guilty of the lesser included offense in count 1 of an attempt to make a criminal threat. The jury also convicted Taylor of the misdemeanor drug offenses and found Taylor used a dangerous or deadly weapon. In a bifurcated proceeding, Taylor waived his rights and admitted the prior serious felony conviction and the three strikes allegation. On February 23, 2012, the trial court sentenced Taylor on the attempted criminal threat conviction to one year, doubled to two years pursuant to the three strikes law, plus consecutive terms of one year for the weapon enhancement and five years for the prior serious felony conviction. Taylor’s total prison term is eight years. The court imposed a concurrent sentence of four years on count 3. The court awarded Taylor 291 days of presentence custody credit, consisting of actual custody credits of 195 days and conduct credits of 96 days.