People v. Taylor CA4/1

I. INTRODUCTION

Forrest Christopher Taylor appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6 (former § 1170.95).1 He claims the trial court improperly denied as successive his petition at the prima facie stage and it failed to follow the procedural requirements under section 1172.6. Taylor further contends the jury instructions at his trial allowed a conviction based on imputed malice, and his counsel during the section 1172.6 proceeding was ineffective both for failing to raise that issue and to ensure the court complied with section 1172.6. Independently reviewing the matter as we must (People v. Burns (2023) 95 Cal.App.5th 862, 866), we find Taylor ineligible for resentencing relief as a matter of law. Because the denial of his section 1172.6 petition was legally correct, we affirm it regardless of the trial court’s reasoning. (People v. Camacho (2022) 14 Cal.5th 77, 123–124.) We therefore do not address issue preclusion or the alleged procedural deficiencies, and instead focus on Taylor’s claims regarding the merits of his petition.

II. BACKGROUND

In 2011, the Office of the San Bernardino County Attorney charged…