People v. Gooch CA2/7

INTRODUCTION

This case comes before us a second time. On March 3, 2008, a jury in Santa Barbara convicted Russell Lee Gooch of stalking, dissuading a witness by force or threat and contempt of court. The convictions occurred at Gooch’s second trial; at the first trial the jury deadlocked on all counts, and a mistrial was declared. On May 9, 2008, the Santa Barbara trial court sentenced Gooch to an aggregate state prison term of six years, suspended execution of the sentence, and granted him five years of formal probation on various terms and conditions, including that he not have any contact with the victim or her family for 10 years, and complete a two-year residential alcohol and drug treatment 1 program. (People v. Gooch (April 19, 2011, B220982) [nonpub. opn.].) Because Gooch was ordered into the Delancey Street Foundation, a Los Angeles residential treatment program, the case was transferred to Los Angeles County for probationary supervision. Gooch entered the residential treatment program at the Delancey Street Foundation on May 12, 2008. (People v. Gooch (April 19, 2011, B220982) [nonpub. opn.].) He was terminated from the program on May 15, 2009 based on an allegation by…