Taylor

People v. Taylor

Bad Law
102 Cal. Rptr. 3d 852·2009 Cal. LEXIS 13168·47 Cal. 4th 850·220 P.3d 872
Supreme Court of CaliforniaDecember 24, 2009S054774California20,820 words

Opinion

Opinion

Werdegar, J.

Keith Desmond Taylor was convicted and sentenced to death for the 1994 murder of Marilyn Mishak, committed in the course of burglarizing Mishak’s Redlands home and robbing her. Defendant, who represented himself at trial, contends he was mentally incompetent to conduct his own defense and should not have been permitted to do so. We affirm the judgment.

Factual and Procedural Background

On the night of September 1, 1994, someone broke into Marilyn Mishak’s condominium and stabbed and strangled her to death. Defendant was tied to the burglary and killing primarily by his fingerprints found at the scene and by witnesses who placed him in the vicinity at the time. The jury convicted defendant of first degree murder, robbery and burglary, and found true special circumstance allegations of murder in the commission of burglary and robbery. (Pen. Code, §§ 187, 189, 190.2, 211, 459.) The jury set the penalty for the murder at death, and defendant was so sentenced.

Guilt Phase Evidence

On August 31, 1994, defendant stayed with Clemente Calloway at the home of Calloway’s grandmother. On September 1, Calloway and defendant went to dinner at a friend’s house. They left around 9:00…

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