People v. Tayborne CA3

FACTS AND PROCEEDINGS

In November 2009, defendant was charged by information with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and forgery (Pen. Code, § 476; unless otherwise stated, statutory references that follow are to the Penal Code). The People further alleged defendant was convicted of a serious or violent felony (i.e., active participation in a street gang) in 2005 (§ 667, subd. (d)), and served a prior term in prison (§ 667.5). In April 2012, the People amended the information, adding a charge for possession of marijuana for the purpose of sale. (Health & Saf. Code, § 11359.) The People also included the allegation that defendant committed this crime while out on bail. (§ 12022.1, subd. (b).) Defendant pleaded not guilty to the charges. Prior to trial, defendant moved the trial court to strike his prior strike conviction. The court denied the motion, acknowledging defendant had a difficult childhood, but noting defendant had engaged in a continuous course of criminal conduct. A jury subsequently found defendant guilty of possessing methamphetamine and possessing marijuana for the purpose of sale; they found him not guilty of forgery. The trial…