People v. Taylor CA2/3

Filed 7/21/15 P. v. Taylor CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B257517

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA089090) v.

GERRY LINN TAYLOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County,

Alan B. Honeycutt, Judge. Affirmed.

California Appellate Project, Jonathan B. Steiner and Ann Krausz, under

appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Gerry Linn Taylor appeals from a final judgment of conviction following a jury trial. He also appeals the trial court’s order denying the petition for recall of sentence and request for resentencing pursuant to Penal Code section 1170.18 (Proposition 47), filed on December 22, 2014. We affirm the judgment and the court’s order finding that appellant Taylor’s conviction for second degree commercial burglary was ineligible under Proposition 47 because the offense occurred at night when the business was closed. FACTUAL AND PROCEDURAL BACKGROUND In the evening of December 5, 2013, Shahla Vazin closed the Fantastic Sam’s hair salon that she owned and locked the door on her way out. She left $200 in the cash register so that there would be change for customers the next day. The next morning, Vazin received a call from one of her employees and returned to her salon. When she arrived, she discovered that the cash register had been pried open, the drawer of the register was on the floor, and the $200 that she had left there was gone. The rear door latch was also bent. Vazin checked the motion-activated surveillance cameras that she had at the store and showed the surveillance videos to the police and a security guard from the shopping center. Portions of the surveillance video were shown to Vazin during the trial. She testified as to the locations and angles of the cameras, denoted where in the store they were directed and verified that the date and time stamp on the video was correct. Portions of the surveillance video were played for the jury. The tape showed appellant Taylor entering through the rear door and propping it open. From a different camera angle, Taylor can be seen prying open the salon’s cash register and removing cash. Taylor appeared to injure his hand in the process of prying open the register. Taylor was later arrested. At that time, he had $138 in his pants pocket and a cut on his left ring finger. On January 23, 2014, appellant was charged by information with second degree commercial burglary and petty theft with three priors. It was further alleged that