People v. Taylor CA5

INTRODUCTION

On October 19, 2011, appellant, Darryl Jewel Taylor, was charged in an information with three felonies: making a criminal threat (Pen. Code, § 422, count 1),1 assault with a deadly weapon (§ 245, subd. (a)(1), count 2), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 3). He was also charged with two misdemeanors: possession of a smoking device (Health & Saf. Code, § 11364, subd. (a), count 4) and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a), count 5). The information further alleged use of a deadly or dangerous weapon in the commission of count 1 (§ 12022, subd. (b)(1)), a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)- (i) & 1170.12, subds. (a)-(d)), and a prior serious felony conviction (§ 667, subd. (a)(1)). On December 15, 2011, a jury found Taylor guilty of count 3 and acquitted him of count 2. The jury found Taylor guilty of the lesser included offense in count 1 of an attempt to make a criminal threat. The jury also convicted Taylor of the misdemeanor drug offenses and found Taylor used a dangerous or deadly weapon. In a bifurcated…