Espinoza

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offenses Defendant lived with his roommate, Augustine Gonzales, Jr., and one other person in a four-bedroom house in San José. On September 3, 2009, Gonzales arrived home to

3 Defendant raised this last claim after we requested supplemental briefing on the matter. 4 Because reversal is required, we do not reach defendant’s claims of sentencing error.

2 find defendant had changed the lock on the front door. The new lock was poorly installed, and Gonzales was able to enter the house. Gonzales found defendant in the kitchen, and the two began arguing angrily. When Gonzales threatened to call the police, defendant threatened to kill him. Undeterred, Gonzales called the police to complain. He told the dispatcher that defendant possessed a firearm. On the dispatcher’s instructions, Gonzales left the house while police were dispatched. Defendant followed him out of the house and continued to make threats. At trial, several police officers testified that upon their arrival they found both defendant and Gonzales in the street outside the house. The police handcuffed defendant and requested consent to search his bedroom. Defendant…