Taylor

People v. Taylor

Bad Law
118 Cal. App. 4th 11·12 Cal. Rptr. 3d 693·2004 Cal. App. LEXIS 623·2004 Daily Journal DAR 5084·2004 Cal. Daily Op. Serv. 3664
Court of Appeal of CaliforniaApril 28, 2004D042152California6,876 words

Opinion

Opinion

Aaron, J.

Ricky Lasha Taylor appeals from his convictions for willful infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), and battery with serious bodily injury (§ 243, subd. (d)). He contends: (1) the section 273.5 conviction must be reversed because there was insufficient evidence to prove cohabitation; and (2) the trial court erred in imposing a five-year sentence enhancement for Taylor’s prior serious felony convictions pursuant to section 667, subdivision (a)(1). We conclude that the five-year prior serious felony sentence enhancement must be stricken, because the jury specifically found that Taylor did not inflict great bodily injury in the commission of the charged offenses, and there is no other basis for a finding that Taylor’s current offenses are serious felonies, as required by section 667, subdivision (a)(1). In all other respects, we affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

Ricky Taylor was Cherise Coe’s boyfriend. In July 2002, Taylor and Coe had been dating for about five months. Coe was 10 weeks pregnant with Taylor’s child. Coe was…

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