People v. Gonzales CA6

I. BACKGROUND

The Santa Clara County District Attorney charged Gonzales with inflicting corporal injury on a spouse or coparent with a prior conviction for domestic violence (Pen. Code, § 273.5, subd. (f)(2); count 1), threats to commit a crime resulting in death or great bodily injury (§ 422, subd. (a); counts 2 & 5), assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 3), violating domestic violence-related protective orders with prior conviction for the same (§ 166, subd. (c)(4); counts 4 & 7), and vandalism (§ 594, subd. (b)(1); count 6).1 The information further alleged that Gonzales sustained a prior conviction for a strike offense—specifically, assault with a deadly weapon in violation of section 245, subdivision (a)(1). (§§ 667.5, subd. (c), 1192.7, subd. (c).) Gonzales exercised his right to a jury trial on the substantive offenses and allegations. Gonzales did not testify at trial, and the court instructed the jury that he had “an absolute constitutional right not to testify.” Before the close of evidence, the parties stipulated that between 1987 and 2018, Gonzales had “pled no contest” in 10 separate criminal cases admissible under…