P. v. Taylor
Appellant, Joseph Richard Taylor, was found guilty after a jury trial of misdemeanor assault of a peace officer (Pen. Code, § 241, subd. (c), count 1)[1] and resisting an executive officer, a felony (Pen. Code, § 69, count 2). The jury did not find that appellant had personally used a knife. In a bifurcated proceeding, the trial court found true allegations that appellant had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b) and had four prior serious felony convictions within the meaning of the three strikes law.
At the sentencing hearing, the court granted appellant’s request to strike three of his prior serious felony convictions due to the remoteness of the convictions. The court found one prior prison term enhancement true. The court sentenced appellant to the upper term of three years, doubled to six years pursuant to the three strikes law, and added a term of one year for the prison term enhancement, for a total sentence of seven years.
Prior to trial, after reviewing the records of the two arresting officers, the court denied appellant’s request for discovery of the officers’ personnel records. On appeal, appellant seeks independent review by this court of information in the arresting officers’ personnel files pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) and People v. Mooc (2001) 26 Cal.4th 1216 (Mooc).
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