People v. Arbuckle CA4/3

FACTS

Late one evening in summer 2020, Arbuckle hit a man with his truck while driving through a hotel parking lot in Laguna Hills. The man later died from his injuries. Arbuckle was charged with felony hit-and-run (Veh. Code, § 20001, subd. (a) & (b)(2)) and driving on a suspended license (id., § 14601.2, subd. (a)). The information further alleged he had a prior “strike” from 2004 for making criminal threats (Pen. Code, § 422). Before trial began in June 2024, the trial court explained Arbuckle’s options for the prior; explained his rights to a trial, to confront witnesses, and to testify or not testify; and bifurcated the prior at the defense’s request. Arbuckle pleaded guilty to driving on a suspended license. Trial on the remaining charge ended in a mistrial due to Arbuckle’s health. At the beginning of the second trial in October, the trial court bifurcated the prior allegation again at the defense’s request—Arbuckle and his counsel confirmed that if found guilty, he would either admit the prior or request a court trial. The jury found Arbuckle guilty on the hit-and-run charge. After the verdict, when the trial court asked how Arbuckle would like to proceed on the prior,…