People v. Mears CA3

BACKGROUND

On June 3, 2022, the victim was seated in a GMC Yukon at a park. Defendant approached the victim, hit him through an open window, and yelled for him to get out of the vehicle. When the victim opened the door, defendant pulled him out of the Yukon and struck him again, causing the victim to fall to the ground. Defendant kicked the victim, stomped on his head repeatedly, dragged him from the parking lot, and went through his pockets. The victim awoke in the hospital many days later and was hospitalized for 15 days. Defendant pleaded no contest to assault with a deadly weapon, and he admitted a serious bodily injury enhancement allegation. Defendant also pleaded no contest to possession of methamphetamine with intent to sell. The trial court sentenced defendant to the agreed upon aggregate prison term of five years and imposed various fines and assessments. A contested restitution hearing occurred on April 18, 2023. The victim testified that at the time of the attack, he had property in his Yukon, property in a nearby storage unit, and property loaded on a trailer that he had parked in front of the storage unit. The victim said defendant’s attack and the victim’s…