P. v. Bacci CA6
Convicted of assault with a deadly weapon, carjacking, reckless evasion, and forcibly resisting an officer, Joshua Bacci was sentenced to a total term of 33 years and 8 months in prison. On appeal, Bacci challenges the sufficiency of evidence to support the jury’s finding of recklessness required for felony evasion (Veh. Code, § 2800.2) and the trial court’s failure to instruct the jury sua sponte on the lesser included misdemeanor (Veh. Code, § 2800.1). Bacci also argues that Penal Code section 654 prohibits multiple punishments for his convictions for carjacking (§215, subd. (a)) and assault with a deadly weapon (§245, subd. (a)(1)), as well as his convictions for reckless evasion (Veh. Code, § 2800.2) and forcibly resisting an officer (§ 69). Finally, Bacci argues that remand for resentencing is required because he is entitled to retroactive application of recent legislative changes effectuated by Senate Bill No. 567 (2021-2022 Reg. Sess.) and Assembly Bill Nos. 124(2021-2
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