People v. Baylor CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In 2016, Baylor and his cousin, Deandre Quinnine, were charged by complaint with felony counts of first degree residential burglary and grand theft.1 The first count arose from allegations that in July 2015, Baylor and Quinnine broke into the home of Y.Y., their elderly neighbor, and stole a

The charges were brought under Penal Code sections 459 (burglary)

and 487 (grand theft). All further statutory references are to the Penal Code.

1 large amount of cash. It was also alleged under former section 12022.6, subdivision (a)(1) (former section 12022.6(a)(1)) that the amount stolen was more than $65,000. The second count arose from allegations that on a later occasion Baylor and Quinnine stole a tracker from the San Francisco Police Department. The preliminary hearing was held over two days in March and May 2019. At the outset of the hearing, the trial court granted the prosecution’s motion to dismiss the charge of grand theft. At the end of the hearing, the court found there was sufficient evidence to support the burglary charge but struck the enhancement under former section 12022.6(a)(1), because section 12022.6 was repealed effective…