People v. Taylor CA2/1

Filed 10/29/13 P. v. Taylor CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B247962

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA021660) v.

MICHAEL DAVID TAYLOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Michael David Taylor, in pro. per.; Jonathan B. Steiner and Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ___________________________

Michael David Taylor appeals from an order denying his petition for recall of his indeterminate life term, under Penal Code section 1170.126, subdivision (b).1 We affirm the order. Taylor was convicted on August 10, 1994 of second degree robbery (count 1) and attempted second degree robbery (count 2), and received a consecutive sentence of 25 years to life on each count.2 The court resentenced Taylor on August 26, 1996, adding 10 years to his sentence for two prior robbery convictions (in 1984 and 1988) pursuant to section 667, subdivision (a)(1). On November 6, 2012, the California electorate passed Proposition 36 (the Three Strikes Reform Act) and enacted section 1170.126, which in subdivision (f) permits defendants serving indeterminate life terms under the “Three Strikes” law to file a petition in the sentencing court, seeking to be resentenced to a determinate term as a second striker. Subdivision (e) of the statute provides that a defendant is eligible for resentencing if he or she is “serving an indeterminate term of life imprisonment imposed pursuant to paragraph (2) of subdivision (e) of Section 667 or subdivision (c) of Section 1170.12 for a conviction of a felony or felonies that are not defined as serious and/or violent felonies by subdivision (c) of section 667.5 or subdivision (c) of Section 1192.7.” On December 3, 2012, Taylor filed a petition for modification of his sentence pursuant to Proposition 36. The court denied Taylor’s petition on January 22, 2013, because Taylor’s offenses were serious and/or violent felonies. Taylor filed a timely notice of appeal, and we appointed counsel to represent him. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. Taylor filed a supplemental brief and other filings, all of which we have considered.