People v. Taylor CA2/8

Filed 1/26/24 P. v. Taylor CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B324559

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

ISAAC WILLIAM TAYLOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shannon Knight, Judge. Affirmed. 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, and Michael C. Keller, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Isaac William Taylor appeals a resentencing order. We affirm. Statutory citations are to the Penal Code. When he was 54 years old, Taylor approached David Ho on a sidewalk and told Ho to look down. Taylor was holding a gun at waist level. Taylor told Ho to move back a short distance into an alley and demanded Ho’s wallet. Ho surrendered the wallet. Taylor said, “[T]here better be money [in the wallet] or you’re going to die tonight.” (People v. Taylor (2020) 43 Cal.App.5th 1102, 1104–1105 (Taylor).) According to his probation report, police found Taylor shortly after the robbery and found a gun nearby. The gun had six rounds in the magazine and a round in the chamber. During his resentencing and in his appellate briefs, Taylor has not contested this information about his loaded gun. A jury convicted Taylor of robbery and kidnapping for robbery and found he had used a handgun. Taylor admitted a prior serious felony conviction that also qualified as a strike. The trial court originally sentenced him to 29 years to life in prison for kidnapping and 25 years for robbery. This is Taylor’s third appeal. In the first appeal, we reversed the kidnapping for robbery conviction. (Taylor, supra, 43 Cal.App.5th at p. 1105.) The trial court then resentenced Taylor to 25 years in prison: the upper term of five years for robbery, doubled due to a prior strike, plus 15 years for the firearm and prior serious felony enhancements. In the second appeal, we remanded for resentencing due to an ameliorative sentencing law. (People v. Taylor (May 5, 2022, B307932) [nonpub. opn.].)