People v. Taylor CA2/4

INTRODUCTION

Appellant Terry Taylor (Taylor) was convicted of attempted murder and mayhem in 2005. In 2022, Taylor petitioned for resentencing under former Penal Code section 1170.95,1 which has since been renumbered as section 1172.6. (Stats. 2018, ch. 1015, § 4; Stats. 2022, ch. 58, § 10.) The trial court denied his petition without an evidentiary hearing. We conclude that Taylor is ineligible for relief under section 1172.6, and therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

We draw some of the facts here from the opinion on Taylor’s direct appeal from his conviction, issued by a prior panel of this court in 2007. (People v. Young (March 21, 2007, B188300) [nonpub. opn.].) In September 2003, Taylor and codefendant Jeffery Young (Young) were riding in a vehicle driven by Kristopher Govea (Govea). The vehicle pulled up next to a bus stop and a crowd of high school students. Some words were exchanged, and one of the passengers fired at least three times into the crowd. At trial, the prosecution argued that Young was the shooter, and Taylor was guilty as an aider and abettor. A jury convicted both Taylor and Young of three counts of willful, deliberate, and premeditated…