Marella

A jury convicted appellant of discharging a firearm at an inhabited dwelling (Pen. Code, § 246). The jury also found true the allegation appellant personally used a firearm (§ 12022.5). After appellant waived his right to a jury trial, the court found true the allegation appellant had served a prior prison term within the meaning of section 667.5, subdivision (b). We affirm the judgment.

I-III

IV

Boykin-Tahl Waiver

Appellant personally waived the right to a jury trial on the prior prison term allegation. Defense counsel then stated his understanding that the waiver would not preclude him from challenging the prior prison term. In response, the court explained:

At the hearing, the People offered and the court admitted certified prison records as authorized by section 969b. The People offered no other evidence or witnesses. Appellant did not challenge the People’s evidence and submitted the matter without presentation of evidence or argument. The court found true the prior prison term allegation.

Appellant now contends the abbreviated court trial on the prior prison term was the equivalent of a Bunnell submission thus necessitating full Boykin-Tahl admonishment and…