People v. Taylor CA2/6

Filed 1/28/21 P. v. Taylor CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B303044 (Super. Ct. No. ZM016857) Plaintiff and Respondent, (Los Angeles County)

v.

EUGENE TAYLOR,

Defendant and Appellant.

Eugene Taylor appeals an order recommitting him for an indeterminate term to the California State Department of State Hospitals as a sexually violent predator (SVP). (Welf. & Inst. Code, § 6600 et seq.)1 Following proceedings pursuant to the SVP law, the trial court found that Taylor was an SVP and recommitted him for treatment. Taylor now raises two procedural challenges to those proceedings. First, he contends that the trial court erred by not

All statutory references are to the Welfare and 1

Institutions Code unless stated otherwise.

advising him sua sponte of his right to a jury trial and obtaining a personal waiver of that right. Second, he contends that the court erred by denying his Marsden motion for substitute or conflict counsel. (People v. Marsden (1970) 2 Cal.3d 118.) We reject these contentions and affirm. FACTUAL AND PROCEDURAL HISTORY2 In 1986, Taylor was convicted of numerous felony sexual offenses against a child under 14 years old, and was sentenced to 28 years 8 months in prison. Following a 2008 jury trial, Taylor was found to be an SVP and ordered to a two-year commitment. In 2010, the prosecutor sought to recommit Taylor as an SVP for an indeterminate term. In 2013, the trial court found there was probable cause that Taylor continued to meet the SVP criteria. In 2019, the present proceedings commenced. At a lengthy court trial, the prosecutor presented documentary evidence and victim testimony regarding Taylor’s prior sexual offense convictions involving many victims. (Pen. Code, § 288, subds. (a) & (b).) Two doctors testified and opined that based upon their frequent evaluations of Taylor, he suffers from pedophilic disorder, nonexclusive type, and a grandiose-type delusional disorder. Taylor also informed the doctors that he presently sees himself as a spiritual healer who teaches sex to children. Based upon this evidence, the court determined that Taylor satisfied the criteria of the SVP law beyond a reasonable doubt, and ordered his commitment for an indeterminate term. (§ 6600, subd. (a)(1) [definition of SVP].)