People v. Taylor CA2/7

INTRODUCTION

Richard James Taylor appeals from the judgment after a jury convicted him of one count of battery with serious bodily injury (Pen. Code § 243, subd. (d))1 with a related gang enhancement (§ 186.22, subd. (b)(1)(A)), one count of pimping (§ 266h, subd. (a)) with a related gang enhancement (§ 186.22, subd. (b)(1)(A)), and one count of active participation in a criminal street gang (§ 186.22, subd. (a)). He argues that the trial court violated his Sixth Amendment right to counsel of choice or that he received ineffective assistance of counsel when his lawyers failed to preserve his right to counsel of choice; the court erred in admitting evidence from police interviews of witnesses and a search of Taylor’s cell phone; the court erred by failing to give certain jury instructions; there was insufficient evidence to support the convictions for battery and active participation in a criminal street gang; the court committed multiple sentencing errors; and cumulative error requires reversal of his convictions. We conclude that the court’s only errors, admitting certain hearsay evidence from two police interviews and four text-message exchanges from Taylor’s cell phone, were…