filed:

Filed: 2/18/21 P. v. Taylor CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B305210

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA150313) v.

HERBERT TAYLOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed as modified. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Kathy S. Pomerantz, Deputy Attorney General for Plaintiff and Respondent. _________________

A jury convicted Herbert Taylor of attempted premeditated murder and related crimes. On appeal Taylor contends the court prejudicially erred in responding to a question submitted by the jury during deliberations. We modify the court’s minute order to properly reflect the sentence imposed and, as modified, affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND 1. The Information An information filed November 12, 2019 charged Taylor with attempted premeditated murder (Pen. Code, §§ 187, 1 subd. (a); 664), shooting at an inhabited vehicle (§ 246) and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The information specially alleged as to the attempted murder count Taylor had acted with premeditation and deliberation (§ 664, subd. (a)) and had personally used and intentionally discharged a firearm (§ 12022.53, subds. (b), (c)). It also specially alleged Taylor had suffered a prior conviction for a serious felony within the meaning of section 667, subdivision (a)(1), and the three strikes law (§§ 667, subds. (b)-(j), 1170.12). 2. The Evidence at Trial and the Jury’s Question Taylor was angry with his friend Rickey Cole for purchasing from a third party three paintings Taylor believed were his. Standing in the street in front of Cole’s car as Cole attempted to drive away, Taylor raised his gun and fired two shots at Cole. The bullets hit the lower front panel of the car. Cole was not injured. Taylor’s defense at trial was that he was not the shooter.