People v. Taylor CA2/8

Filed 5/5/22 P. v. Taylor CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B307932

Plaintiff and Respondent, Los Angeles County Super. Ct. No MA072867 v.

ISAAC WILLIAM TAYLOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Shannon Knight, Judge. Reversed and remanded. Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Zee Rodriguez, Supervising Deputy Attorney General, David E. Madeo, Michael C. Keller, and Paul

S. Thies, Deputy Attorneys General, for Plaintiff and Respondent. ___________________ This is Isaac William Taylor’s second appeal about his robbery conviction. In his first, we affirmed this conviction but reversed a second conviction for kidnapping for robbery. (People v. Taylor (2020) 43 Cal.App.5th 1102, 1105–1112 (Taylor).) After we remanded the case, the trial court resentenced Taylor to an upper term sentence plus enhancements for his robbery conviction. Taylor appeals his new sentence. While his second appeal has been pending, the Legislature passed two ameliorative sentencing laws that are relevant to Taylor’s case. One law limits the application of upper sentencing terms unless a defendant has stipulated to circumstances in aggravation or a fact finder has found the circumstances true beyond a reasonable doubt. This statute is Senate Bill No. 567 (2021–2022 Reg. Sess.) or simply SB 567. (See Pen. Code, § 1170, subd. (b), as amended by Stats. 2021, ch. 731, § 1.3.) Taylor’s sentencing did not comply with SB 567’s new requirements. We remand for resentencing because this was not harmless. At his resentencing, Taylor will be entitled to the benefit of a second ameliorative sentencing law, Senate Bill No. 81 (2021–2022 Reg. Sess.) (SB 81). Statutory citations are to the Penal Code. I Taylor used a gun to rob a man. The jury convicted Taylor of second degree robbery (§ 211) and kidnapping to commit robbery (§ 209, subd. (b)(1)). It found Taylor indeed had used a gun.