P. v. Taylor CA5

Filed 5/15/13 P. v. Taylor CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F063217 Plaintiff and Respondent, (Super. Ct. No. F10905950) v. OPINION JOSEPH RICHARD TAYLOR,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Donald Penner, Judge. Dale Dombkowski, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Louis M. Vasquez, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J., and Poochigian, J.

INTRODUCTION Appellant, Joseph Richard Taylor, was found guilty after a jury trial of misdemeanor assault of a peace officer (Pen. Code, § 241, subd. (c), count 1)1 and resisting an executive officer, a felony (Pen. Code, § 69, count 2). The jury did not find that appellant had personally used a knife. In a bifurcated proceeding, the trial court found true allegations that appellant had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b) and had four prior serious felony convictions within the meaning of the three strikes law. At the sentencing hearing, the court granted appellant’s request to strike three of his prior serious felony convictions due to the remoteness of the convictions. The court found one prior prison term enhancement true. The court sentenced appellant to the upper term of three years, doubled to six years pursuant to the three strikes law, and added a term of one year for the prison term enhancement, for a total sentence of seven years. Prior to trial, after reviewing the records of the two arresting officers, the court denied appellant’s request for discovery of the officers’ personnel records. On appeal, appellant seeks independent review by this court of information in the arresting officers’ personnel files pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) and People v. Mooc (2001) 26 Cal.4th 1216 (Mooc). FACTS AND IN CAMERA HEARINGS At 3:15 p.m. on November 19, 2010, a fight erupted at the Coalinga State Hospital. Officer Adrian Enriquez could see the fight about 40 feet from his kiosk with other officers. Enriquez and Officer John Rodriguez responded to break up the fight.