Gomez

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Gomez with seven counts: count 1—stalking (Pen. Code, § 646.9, subd. (a)) 1; count 2—criminal threats (§ 422, subd. (a)); count 3—failure to file a change of address (§ 290.013, subd. (a)); count 4—possession of body armor (§ 31360, subd. (a)); count 5—possession of a firearm by a felon (§ 29800, subd. (a)(1)); count 6— possession of ammunition by a felon (§ 30305, subd. (a)(1)); and count 7—disobeying a court order (§ 166, subd. (a)(4)). As to counts 1 and 2, the prosecution further alleged Gomez was released on bail or his own recognizance at the time he committed the offenses. (§ 12022.1, subd. (b).) After a bench trial, the trial court found Gomez not guilty on count 4, and guilty on all remaining counts as charged. The court found the special allegations true. The court also found two factors in aggravation: first, that Gomez had prior convictions as an adult and sustained petitions in juvenile delinquency proceedings that were numerous and of increasing seriousness (Cal. Rules of Court, rule 4.421(b)(2)); and second, that he had engaged in violent conduct indicating he was a serious danger…