DATE: 20040309

DOCKET: C39786

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – KIRK TAYLOR (Appellant)

BEFORE:

FELDMAN, SHARPE JJ.A. and McCOMBS J. (ad hoc)

COUNSEL:

Richard Stern

for the appellant

Jane Arnup

for the respondent

HEARD & ENDORSED:

March 5, 2004

On appeal from conviction by Justice Robert N. Fournier of the Ontario Court of Justice on December 20, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] On consent of the Crown, this court orders that the appeal against conviction on counts 2 and 4 is allowed, the pleas of guilty on counts 2 and 4 are struck out and the charges on those counts are stayed, that the sentence of imprisonment is varied to twenty months concurrent on the three remaining convictions, together with the period of twelve months probation. The appellant abandons the balance of the appeal.

Signed: “K. Feldman J.A.”