Gonzalez

INTRODUCTION

On April 11, 2013, a felony complaint charged defendant and respondent Mario

Alberto Gonzalez (defendant) with (1) five counts of violating Penal Code1 section 422

(criminal threats) (counts 1 through 5), all of which also specially alleged violations of

section 186.22, subdivision (b)(1)(B) (that defendant had the specific intent to promote,

further and assist in criminal conduct by gang member); and (2) one count violating

section 166, subdivision (a)(10) (disobeying the terms of an injunction) (count 6). The

complaint also alleged that defendant had suffered a prior serious felony conviction for

violating section 192, subdivision (a) (voluntary manslaughter), and section 245,

subdivision (a)(2) (assault with a firearm), under section 667, subdivisions (a), (c), and

(e)(1), and section 1170.12, subdivision (c)(1). The complaint further alleged that

defendant suffered three prior offenses with state prison sentences under section 667.5,

subdivision (b). Defendant was arraigned the same day. He entered pleas of not guilty to

all charges and denied all special allegations.

On June 17, 2013, an information charged defendant with all of the…