California Court of Appeal Jun 16, 2016 No. D067733Unpublished
Filed 6/16/16 P. v. Taylor CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D067733
Plaintiff and Respondent,
v. (Super. Ct. No. SCD256085)
BYREESE DIRRELL TAYLOR,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Amalia L. Meza, Judge. Affirmed.
Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and
Appellant.
Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney
General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Lynne G.
McGinnis and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and
Respondent.
I.
INTRODUCTION
Defendant Byreese Dirrell Taylor appeals from a judgment of conviction entered
after a jury found him guilty of attempted voluntary manslaughter and assault with a
semi-automatic firearm. Taylor challenges his convictions, asserting two main points of
the victim from "a distance away" as victim ran away was sufficient to support jury's
finding of intent to kill].)
In this case, the evidence demonstrated that Taylor shot toward the victim five
times as the victim ran away from Taylor and Taylor chased him. While the man was
running, Taylor had his right hand raised. He fired one shot, and then leveled the
handgun and fired four more shots in the direction of the victim. This set of
circumstances is sufficient to support the inference that Taylor intended to kill the victim.
The fact that Taylor testified that he did not intend to kill the victim, and that he
specifically shot in a manner not intended to hit the victim, does not require us to
conclude that there was insufficient evidence to support the jury's finding of an intent to
2 The Smith court also commented, " ' "The fact that the shooter may have fired only once and then abandoned his efforts out of necessity or fear does not compel the conclusion that he lacked the animus to kill in the first instance. Nor does . . . poor marksmanship necessarily establish a less culpable state of mind." ' " (Smith, supra, 37 Cal.4th at p. 741.) 9
kill. The jury was free to reject Taylor's self-serving testimony, as it apparently did, and
conclude instead that Taylor indeed harbored an intent to kill the victim, based on the
video and physical evidence that demonstrated that Taylor shot multiple times at a victim
who was running away from him.
B. The trial court did not abuse its discretion in admitting in evidence of a recording of Taylor's telephone conversation with a known gang member
Taylor contends that the trial court's admission of a telephone conversation
between him and a known gang member was an abuse of discretion under Evidence Code
sections 1101 and 352.
1. Additional background
As part of an unrelated investigation, federal law enforcement officers recorded a
telephone conversation between Taylor and Justin Anderson, a Lincoln Park gang
member, that occurred on August 27, 2013, approximately six months prior to the
charged incident. In the recording, Taylor can be heard telling Anderson that someone
tried to shoot him in front of his house. Taylor then told Anderson that he wanted to
retaliate for the shooting. Anderson and Taylor discussed which gang might have been
responsible for the shooting, and Anderson suggested that the shooter could have been a
member of Taylor's own gang, or an ally of his gang, speculating that it was possible that
the person had mistaken Taylor for a West Coast Crip gang member because of where he
lived. Anderson then said that he had to go, and the conversation ended.
The prosecution sought to admit this conversation both to establish that, despite
the defense theory that Taylor had simply been acting in defense of another, Taylor had a
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motive to commit the charged offense, and also to demonstrate that the offense was gang-
related.
Defense counsel objected to the admission of this recording, arguing that the
conversation was not relevant to the issues to be decided by the jury. Defense counsel
also argued that the facts of the August 27, 2013 shooting were not clear, and that
Taylor's comments about his desire to retaliate were unduly inflammatory.
The trial court concluded that the conversation was relevant, and that its probative
value outweighed any prejudice that might flow from its admission.
A recording of the telephone conversation between Taylor and Anderson was
played for the jury. San Diego Police Officer Juan Cisneros and Sergeant Van Cruz
explained some of the gang terminology used by Taylor and Anderson during their
conversation.
2. Analysis
a. The trial court did not abuse its discretion under Evidence Code section 1101, subdivision (b)
Taylor first contends that the telephone conversation should not have been
admitted because it was improper evidence of his bad character and was used by the
prosecutor to suggest that Taylor had a disposition to commit crime, in violation of
Evidence Code section 1101.
As an initial matter, we note that Taylor has forfeited this claim by failing to
object on these grounds at trial. (See People v. Doolin (2009) 45 Cal.4th 390, 434
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[failure to object on Evidence Code section 1101, subdivision (b) grounds constitutes
forfeiture of contention on review].)
The claim is also without merit. Section 1101, subdivision (a) precludes
admission in evidence of a defendant's prior bad acts if the inference sought to be
established is that the actor, because of the prior bad acts, had the propensity to commit
criminal acts in general, or criminal acts of a particular class. (People v. Thompson
allows admission of evidence of a "crime, civil wrong, or other act when relevant to
prove some fact (such as motive, . . . [or] intent . . . ) other than [the defendant's]
disposition to commit such an act."
Taylor's conversation with Anderson was admitted to show Taylor's motive in
shooting at the victim, and as being relevant to the question whether he harbored the
requisite intent to kill that was at issue with respect to the attempted murder charge. This
was permissible. It is clear that the court may allow the prosecution to introduce a
defendant's "bad acts" when they are offered to prove some disputed fact, and not merely
the defendant's general bad character or propensity to commit crime. (People v. Daniels
(1991) 52 Cal.3d 815, 857 (Daniels) ["As long as there is a direct relationship between
the [bad act] and an element of the charged offense, introduction of that evidence is
proper"].)
In Daniels, the Supreme Court concluded that a trial court did not err in admitting
evidence of the circumstances of a bank robbery that had occurred two years prior to the
charged offense, which involved the murders of two police officers. (Daniels, supra, 52
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Cal.3d at p. 856.) The evidence admitted at trial regarding the prior bank robbery
included the defendant's flight, the police pursuit, and the exchange of gunfire that left
the defendant "crippled." (Ibid.) The testimony about those circumstances had been
admitted "to show motive—that defendant killed the police officers in revenge for his
own injuries—and intent to kill." (Ibid.) According to the Supreme Court, this was
proper under Evidence Code section 1101 because there was "a direct relationship
between the police rendering defendant a paraplegic and defendant murdering the officers
in retribution." (Daniels, at p. 857.)
The discussion of retaliation between Taylor and Anderson in this case was
somewhat ambiguous because it was not clear to Taylor who had shot at him, and, thus,
against whom he wanted to retaliate. However, the fact that he expressed his desire to
retaliate was relevant to a determination of whether Taylor was simply attempting to
defend Jenkins, or, rather, whether he intended to kill the victim as a result of a violent
gang confrontation. We therefore conclude that the evidence of Taylor's telephone
conversation with Anderson was admissible under Evidence Code section 1101.
b. The trial court did not abuse its discretion under section 352
Taylor also contends that even if the telephone conversation was relevant and
admissible under Evidence Code section 1101, the trial court should have excluded
evidence of the conversation pursuant to Evidence Code section 352 because it was
unduly prejudicial and insufficiently probative of his guilt with respect to the charged
offenses.
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"A trial court may exclude otherwise relevant evidence when its probative value is
substantially outweighed by concerns of undue prejudice, confusion, or consumption of
time." (People v. Scott (2011) 52 Cal.4th 452, 490 (Scott).) " ' "Evidence is not
prejudicial, as that term is used in a [Evidence Code] section 352 context, merely because
it undermines the opponent's position or shores up that of the proponent. The ability to
do so is what makes evidence relevant." ' " (Ibid.) Thus, evidence may be excluded
under Evidence Code section 352 if it " ' " ' "uniquely tends to evoke an emotional bias
against the defendant as an individual and which has very little effect on the issues." ' " ' "
(Scott, at p. 491.) Evidence should be excluded as unduly prejudicial when " ' "it is of
such nature as to inflame the emotions of the jury, motivating them to use the
information, not to logically evaluate the point upon which it is relevant, but to reward or
punish one side because of the jurors' emotional reaction." ' " (Ibid.)
On appeal, we review the trial court's ruling on the admissibility of evidence for
abuse of discretion. (Scott, supra, 52 Cal.4th at p. 491.) The trial court has broad
discretion in determining what evidence is relevant. (People v. Harris (2005) 37 Cal.4th
310, 337.)
We conclude that the trial court did not abuse its discretion in determining that the
evidence of Taylor's telephone conversation with Anderson was more probative than
prejudicial. The conversation was not uniquely inflammatory, and was unlikely to have
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evoked an emotional bias against Taylor. We therefore reject Taylor's contention that the
evidence should have been excluded pursuant to Evidence Code section 352.
c. There was no due process violation resulting from the admission of this evidence
Having found no state law error, we also reject Taylor's federal constitutional
claim that the admission of this evidence constituted a violation of his right to due
process.
Application of the ordinary rules of evidence under state law generally do not
violate a criminal defendant's federal constitutional rights; trial courts retain the intrinsic
power under state law to exercise discretion to control the admission of evidence at trial.
(People v. Lawley (2002) 27 Cal.4th 102, 155.) "[T]he state has power to regulate the
procedures under which its laws are carried out, and a rule of evidence in this regard 'is
not subject to proscription under the Due Process Clause unless "it offends some
principle of justice so rooted in the traditions and conscience of our people as to be
ranked as fundamental." ' " (People v. Fitch (1997) 55 Cal.App.4th 172, 178-179,
quoting Patterson v. New York (1977) 432 U.S. 197, 201-202.) The admission of the
challenged evidence in this case was permissible under state rules of evidence, and it did
not rise to the level of a due process violation.
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IV.
DISPOSITION
The judgment of the trial court is affirmed.
AARON, J.
WE CONCUR:
BENKE, Acting P. J.
McDONALD, J.
16
AI Brief
AI-generated · verify before citing
Holding. The court held that sufficient evidence supported the defendant's conviction for attempted voluntary manslaughter and that the trial court did not abuse its discretion in admitting evidence of a recorded telephone conversation regarding the defendant's prior desire to retaliate for a shooting.
Issues
Whether there was sufficient evidence of intent to kill to support a conviction for attempted voluntary manslaughter.
Whether the trial court abused its discretion by admitting evidence of a prior telephone conversation under Evidence Code sections 1101 and 352.
Disposition. Affirmed
Quotations verified verbatim against the opinion
“The firing of a gun multiple times in the direction of a victim, even from "a distance away," can also constitute sufficient evidence of an intent to kill.”
“The fact that he expressed his desire to retaliate was relevant to a determination of whether Taylor was simply attempting to defend Jenkins, or, rather, whether he intended to kill the victim as a result of a violent gang confrontation.”