People v. Huntley CA3

BACKGROUND

While under a restraining order prohibiting contact with his ex-girlfriend, defendant followed her and her new boyfriend into her house. Defendant, unarmed, opened the sliding glass door, walked in, and yelled at her new boyfriend to leave. Ex- girlfriend told defendant to leave, shutting the door behind him. Later, outside, defendant approached the couple, brandishing a wrench, stating, “I’m going to fuck you up.” The new boyfriend called the police, and defendant left. The People charged defendant with first degree burglary (Pen. Code, § 459),1 with an allegation that a person other than an accomplice was present at the time of the offense (§ 667.5, subd. (a)(21)); stalking (§ 646.9, subd. (b)); and two counts of making criminal threats (§ 422), with allegations that defendant used a deadly weapon at the time of offenses (§ 12022, subd. (b)(1)). Defendant pleaded no contest to first degree burglary and a count of making criminal threats against the new boyfriend, admitting the attendant enhancements to each offense. In accordance with the plea, after defendant completed a drug treatment program, the trial court dismissed the remaining charges and held a hearing to…