In re >Taylor >



















Filed 8/6/10 In re
Taylor CA3













NOT
TO BE PUBLISHED



California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.







IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD
APPELLATE DISTRICT

(Tehama)

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>

In re RONALD JUSTIN TAYLOR on Habeas Corpus.

C062020 (Super. Ct. No. NCR45401)

Ronald Justin Taylor
filed a petition for writ of habeas
corpus, contending his prison sentence of 25 years to life was unlawful
because one of his two strikes was infirm.
The trial court granted the petition, resentenced defendant to seven
years, four months in prison, and, based on defendant's time credits, ordered
him discharged from custody. The People
timely filed this appeal. The appeal
lies. (Pen. Code, § 1506.) We shall affirm.

BACKGROUND

In >People v. Taylor (Dec. 21, 1989,
C004913) [nonpub. opn.] (Taylor I),
we affirmed defendant's convictions for vehicular
manslaughter with gross negligence, and hit and run with injury or death.[1] (Pen. Code, § 192, subd. (c)(1); former Veh.
Code, § 20001, Stats. 1983, ch. 1092, § 389, p. 4080, see now Veh. Code, §
20001, subd. (a).) The parties do not
dispute that, as described in Taylor I,
defendant caused a collision that killed one victim and seriously injured
another, and then left the scene. ( >Taylor I, slip opn. at pp. 2,
15-18.)

In >People v. Taylor (March 31, 1999,
C028492) [nonpub. opn.] (Taylor II),
defendant had been convicted of knowing receipt of stolen property, and had
admitted two â€