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People v. Taylor

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN
Apr 8, 2019
B290766 (Cal. Ct. App. Apr. 8, 2019)

Opinion

B290766

04-08-2019

THE PEOPLE, Plaintiff and Respondent, v. TERRYON LAMARE TAYLOR, Defendant and Appellant.

Aurora Elizabeth Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. SA094247) APPEAL from a judgment of the Superior Court of Los Angeles County, Kathryn A. Solorzano, Judge. Affirmed. Aurora Elizabeth Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

____________________

Terryon Lamare Taylor appeals from the judgment entered following his conviction by a jury of grand theft and feloniously receiving stolen property with a finding the value of the stolen property exceeded $200,000.

FACTUAL AND PROCEDURAL BACKGROUND

The People charged Taylor in an information with one count of grand theft (Pen. Code, § 487, subd. (a)) against Kinkisharyo International L.L.C. and feloniously receiving stolen property (Pen. Code, § 496, subd. (a)) with a special allegation the value of the stolen property (funds) exceeded $200,000. The information specially alleged Taylor suffered one prior serious or violent felony conviction within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(d); 1170.12).

According to the evidence presented at trial, Taylor was romantically involved with Lyndie Avery, the account manager for Kinkisharyo International, L.L.C., a railway company. In the summer of 2016, Avery diverted three payments the company intended for vendors to the bank account of TLT Towing Services, a towing company owned by Taylor. The total amount of the three deposits made to the TLT Towing Services's account exceeded $400,000. Taylor withdrew funds in corresponding amounts from the TLT Towing Services account and purchased three cars during this period.

Avery testified in defense of Taylor and confirmed their ongoing romantic relationship. Avery acknowledged she had pleaded guilty to committing grand theft and "took responsibility for the four hundred thousand dollars taken from Kinkisharyo's account." Avery gave Taylor $50,000 to $60,000 of her own money. Avery testified to having told Taylor the three deposits she had made into the TLT Towing account had come from her 401K retirement funds.

The jury convicted Taylor as charged and found true the monetary value enhancement. In a bifurcated proceeding, the trial court found true the prior felony conviction allegation. The court sentenced Taylor to an aggregate state prison term of four years (the two-year middle term doubled under the three strikes law) and stayed the monetary value enhancement. The court also ordered Taylor to pay victim restitution. (Pen. Code, § 1202.4, subd. (f).) Taylor filed a timely notice of appeal.

DISCUSSION

We appointed counsel to represent Taylor in this appeal. After reviewing the record, counsel filed an opening brief raising no issues. On December 10, 2018, we gave Taylor notice he had 30 days to submit a brief or letter raising any grounds of appeal, contentions, or arguments he wanted us to consider. We have not received a response.

We have examined the record and are satisfied that appellate counsel for Taylor has complied with her responsibilities and that there are no arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441-442.)

DISPOSITION

The judgment is affirmed.

ZELON, Acting P. J. We concur:

SEGAL, J.

FEUER, J.


Summaries of

People v. Taylor

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN
Apr 8, 2019
B290766 (Cal. Ct. App. Apr. 8, 2019)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TERRYON LAMARE TAYLOR, Defendant…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

Date published: Apr 8, 2019

Citations

B290766 (Cal. Ct. App. Apr. 8, 2019)