Opinion
D076100
09-24-2019
THE PEOPLE, Plaintiff and Respondent, v. ANDRE LAMONT TAYLOR, Defendant and Appellant.
Andre Lamont Taylor, in pro. per.; Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. FWV1503696) APPEAL from a judgment of the Superior Court of San Bernardino County, Bridgid M. McCann, Judge. Affirmed. Andre Lamont Taylor, in pro. per.; Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
In 2017, Andre Lamont Taylor was convicted of first degree murder (Pen. Code, § 187, subd. (a); count 1), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). The jury also found true the allegation that Taylor personally discharged a firearm causing injury or death (§ 12022.53, subd. (d)).
All further statutory references are to the Penal Code unless otherwise specified. --------
The court found true two prior convictions for assault which qualified as serious felony prior convictions (§ 667, subd. (a)(1)) and as strikes (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Taylor was sentenced to an indeterminate term of 106 years to life.
Taylor appealed, and this court issued an unpublished opinion in case No. D074449 affirming the convictions. (People v. Andre Lamont Taylor (Feb. 15, 2019, D074449,) [nonpub. opn.].) The court reversed the true findings on the alleged prior convictions. The case was remanded to permit the prosecution to retry the alleged priors. The court also directed the trial court to exercise its discretion to consider striking the firearm enhancement.
On remand the prosecution declined to retry the alleged prior convictions. The court denied Taylor's request to strike or reduce the term for the firearm enhancement. Taylor was resentenced to an indeterminate term of 53 years to life.
Taylor has again appealed.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating he has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Taylor the opportunity to file his own brief on appeal and he has responded with a letter brief. We will discuss Taylor's brief later.
STATEMENT OF FACTS
The facts of the underlying offenses are fully set forth in our earlier opinion. We will not repeat them here.
DISCUSSION
As we have noted counsel has filed a Wende brief (Wende, supra, 25 Cal.3d 436). Counsel asks this court to review the record for error as mandated by Wende. To assist this court in its review of the record and to comply with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified an issue he considered in evaluating this appeal: Did the court properly exercise its discretion in refusing to strike or reduce Taylor's section 12022.53, subdivision (d) enhancement.
In his supplemental letter brief, Taylor also requests this court review the record for error. He also asks that we review the trial court's decision to deny the request to strike or reduce the firearm enhancement for abuse of discretion.
We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Taylor on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J. WE CONCUR: BENKE, Acting P. J. GUERRERO, J.