People v. Taylor CA5

INTRODUCTION

Defendant and appellant Reginald Walter Taylor, Jr., was found guilty of premeditated attempted murder, assault with a firearm, and being a felon in possession of a firearm, arising out of an incident at a barber shop in a mall. Defendant contends he received ineffective assistance of counsel in that defense counsel did not request the jury be instructed with CALCRIM No. 522 (Provocation: Effect on Degree of Murder); consequently the true finding on premeditation must be reversed. He also contends the trial court erred in imposing a concurrent term of imprisonment for being a felon in possession of a firearm, asserting Penal Code1 section 654 requires the punishment be stayed because a term was imposed for the personal use of a firearm enhancement appended to the premeditated attempted murder conviction. We reject his contentions and affirm.

FACTUAL AND PROCEDURAL SUMMARY

On March 13, 2013, Sarah Diaz was working as the manager of the All American Sports Fan store in Manchester Mall in Fresno. From the sports store, a person can see the barber shop called Colima’s Fade Shop. About 7:30 p.m., two people entered the sports store: Abel Price, a thin man wearing a blue…