People v. Bearup CA5

INTRODUCTION

The court convicted Donald Bearup (appellant) of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4))1 and found true enhancements for personally inflicting great bodily injury (§ 12022.7, subd. (a)) and having served a prior prison term (§ 667.5, subd. (b)). The court sentenced appellant to eight years in state prison. On appeal, appellant contends his jury trial waiver was not knowing, intelligent, and voluntary. We conclude based on the totality of the circumstances that the waiver was valid. Appellant also contends his prior prison term enhancement must be stricken in light of recently enacted legislation. We agree and remand the matter to the trial court to conduct “ ‘a full resentencing as to all counts.’ ” (People v. Buycks (2018) 5 Cal.5th 857, 893.) In supplemental briefing, appellant claims the matter should be remanded for resentencing in light of newly enacted Assembly Bill No. 518 (2021-2022 Reg. Sess.) and Senate Bill No. 567 (2021-2022 Reg. Sess.). Because appellant must be fully resentenced, we need not address these claims. On remand, appellant may raise these claims in the trial court if he so…