People v. Chavez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The facts supporting and the procedural background of defendant’s underlying convictions are taken from the trial court’s statement of facts at the resentencing hearing and our opinion in defendant’s prior appeal. (People v. Chavez (Mar. 24, 2016, C078834) [nonpub. opn.].) Neither party objected to the trial court’s statement of facts. On our own motion, we take judicial notice of our unpublished opinion in defendant’s prior appeal. (Evid. Code, § 452, subd. (d)(1).) Defendant was a maintenance worker at an apartment complex. Defendant, his girlfriend, and another friend, X.F., were socializing together at a bar. When they returned to the apartment complex, X.F.’s ex-girlfriend, M.G. saw them. M.G. was in a rage, screaming profanities at X.F. from her apartment. M.G. also threatened to kill herself. X.F. walked away without engaging with her. Defendant and his girlfriend went to M.G.’s apartment. (Chavez, supra, (Mar. 24, 2016, C078834) [nonpub. opn.].) Defendant stepped into the apartment, with a gun in his waistband. M.G. was terrified, grabbed a box cutter, and told him to get out. Defendant pulled out the gun and held it to M.G.’s head.…