People v. Ruiz CA2/1

BACKGROUND

A. Trial and Sentencing A jury found Ruiz guilty of one count of stalking A.R., a felony (Pen. Code,1 § 646.9, subd. (a); count 1), and one count of violating protective orders pertaining to A.S., a misdemeanor (§ 166, subd. (c)(1); count 2).2 The jury found five aggravating factors to be true: (1) the “crime involved a threat of great bodily injury”; (2) “defendant was armed with or used a weapon, to wit: a knife or bricks, at the time of the commission of the crime”; (3) “defendant showed lack of remorse with respect to count 1 or count 2”; (4) “defendant committed the crimes in and around [v]ictim [A.R.’s] and [v]ictim [A.S.’s] homes”; and (5) “defendant made statements indicating an intent to kidnap [v]ictim [A.R.].” The jury’s verdict form does not indicate that any true finding relates to a particular count. Ruiz waived his right to jury trial on allegations that he had two prior strike convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). He admitted a February 2020 strike conviction for battery causing serious bodily injury (§ 243, subd. (d)) and a February 2021 strike conviction for attempted first…