People v. Taylor CA2/4

INTRODUCTION

Defendant and appellant Joe Alfred Taylor III appeals from the judgment entered after a jury found him guilty of multiple sex offenses and first-degree robbery. On appeal, Taylor argues: (1) the trial court improperly imposed a 25-year-to-life term on count 10 because the District Attorney did not allege a three strike enhancement on count 10; and (2) he had a right to have the jury determine whether his act of sexual penetration by a foreign object and acts of forcible sodomy (counts 1 through 4) took place “on separate occasions.” We reject his contentions and affirm the judgment.

BACKGROUND1

The Los Angeles County District Attorney’s Office filed a third amended information charging Taylor with sexual penetration by a foreign object (Pen. Code,2 § 289, subd. (a)(1); count 1), forcible sodomy (§ 286, subd. (c)(2)(A); counts 2-4), and first-degree residential robbery (§ 211; counts 6-10). As to counts 1 through 4, it was further alleged Taylor was armed with a firearm (§ 12022.3, subd. (b)), was engaged in first-degree burglary (§ 667.61, subds. (a) & (e)), and personally used a deadly weapon (a pellet gun) (§ 667.61, subds. (b) & (e)). As to counts 6 through 10,…