People v. Delgado CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural Background In December 2019, the Monterey County District Attorney filed an amended information (hereafter information), which was further amended orally at trial, charging Delgado with first degree burglary of an inhabited dwelling occupied by Brenda C. (§ 459; count 1), dissuading a witness from reporting victimization of Rafael C. by force or threat (§ 136.1, subd. (c)(1); count 2), and two counts of criminal threats against Rafael C. and Brenda C., respectively (§ 422, subd. (a); counts 3 & 4).2 The information further alleged that the burglary charged in count 1 is a violent felony within the meaning of section 667.5, subdivision (c), in that another person other than an accomplice was present in the residence during the commission of the burglary (hereafter violent felony allegation). That same month, a jury convicted Delgado on all counts as charged. In January 2020, the trial court sentenced Delgado to a lower term of two years in prison for the burglary conviction (count 1) with concurrent lower terms of two years for the dissuasion conviction (count 2) and one year four months for each of the criminal threats convictions…