People v. Gastelum CA4/1

INTRODUCTION

A jury convicted Efrain Vallejo Gastelum of assault with a semiautomatic weapon, unlawful possession of a firearm, and unlawful possession of ammunition. The jury found true allegations Gastelum personally used a firearm and inflicted great bodily injury in connection with the assault with a semiautomatic weapon count. The trial court sentenced him to a total term of 13 years in prison. On appeal, Gastelum contends the trial court violated his right of confrontation under the Sixth Amendment to the United States Constitution and Article I, section 15 of the California Constitution by allowing the victim to wear a face mask while testifying against him. On the record before us, we conclude Gastelum has waived the claim and we decline to reach the merits of his constitutional challenge. However, Gastelum asserts, and the Attorney General concedes, we must remand for resentencing under Assembly Bill No. 124 (2021–2022 Reg. Sess.; Stats. 2021, ch. 695, § 5) (Assembly Bill 124), which the Legislature

passed while his appeal was pending.1 Assembly Bill 124 amended Penal

Code2 section 1170, subdivision (b), to require courts to impose the lower term if the offender was…