People v. Taylor CA1/1

I. BACKGROUND2

In 2023, the People charged Taylor with felony second degree burglary (§ 459) and misdemeanor resisting, delaying, or obstructing a peace officer (§ 148, subd. (a)(1)). On the burglary charge, the People alleged three aggravating factors set out in California Rules of Court,3 rule 4.421(b): the defendant’s prior convictions are numerous or of increasing seriousness (rule 4.421(b)(2)); the defendant has served a prior term in prison or county jail under section 1170, subdivision (h) (rule 4.421(b)(3)); and the defendant’s prior performance on probation, mandatory supervision, post release community supervision, or parole was unsatisfactory (rule 4.421(b)(5)). A jury found Taylor guilty of both charges. After the verdict was read and outside the presence of the jury, the trial court and the parties discussed how to proceed on the aggravating factors. Taylor requested a jury trial. Initially, the court agreed with him. The prosecutor objected, arguing Taylor did not have a right to a jury trial. After a recess, the trial court and the parties continued to discuss whether a jury trial on the aggravating factors was required. Defense counsel stated that pursuant to…