Taylor
People v. Taylor
Opinion
Opinion
Sims, J.
On August 9, 2001, defendant Markelle Neal Taylor punched his girlfriend, Garvon White, six times hard in the stomach when White was seven months pregnant with defendant’s child.
On the same day, the child, Marcel Taylor, was delivered by Caesarean section surgery and was bom alive. However, the baby died about a month later from necrotizing intercolitis; the baby’s small bowel was almost entirely dead.
A jury convicted defendant of the second degree murder of Marcel Taylor, a human being (count 1; Pen. Code, § 187, subd. (a); undesignated section references are to the Penal Code) and the infliction of corporal injury resulting in a traumatic condition on Garvon White (count 2; § 273.5, subd. (a)). The jury found as to count 2 that defendant personally inflicted great bodily injury upon White under circumstances involving domestic violence (§ 12022.7, subd. (e)), and that with intent to injure and without consent defendant personally inflicted injury upon White, whom he knew or should have known was pregnant, and the injury resulted in the termination of the pregnancy (§ 12022.9, former subd. (a); see fn. 10, post).