Wagstaff

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Wagstaff with five counts: count 1—felony false imprisonment by violence, menace, fraud, and deceit (Pen. Code, § 236)1; count 2— attempted second degree robbery (§§ 212.5, subd. (c), 664); count 3—contempt of court for violating a protective order (§ 166, subd. (c)(1)); count 4—threatening to commit a crime resulting in death or great bodily injury (§ 422, subd. (a)); and count 5—battery upon a person in a dating relationship (§ 243, subd. (e)(1)). The prosecution further alleged Wagstaff had suffered a prior conviction for a violent or serious felony. (§§ 667, subd. (a)(1), 1170.12, subd. (b)(1).) Before trial began in this case, the prosecution charged Wagstaff in case No. C2011896 for conduct unrelated to the offenses charged in this case. In 2021, Wagstaff was convicted by plea in case No. C2011896 for a term of eight years. Jury selection in this case began in January 2022, and the jury rendered verdicts in February 2022. The jury found Wagstaff guilty on counts 1, 3, 4, and 5 as charged, but not guilty on count 2. Wagstaff admitted the prior conviction allegations. The trial court…