P.

I. BACKGROUND

Defendant was charged by information with making criminal threats, a felony (Pen. Code,1 § 422) (count one); second degree commercial burglary, a felony (§ 459) (counts two, three, four, five, six, seven, and eight); petty theft with a prior, a felony (§ 666) (counts nine, ten, eleven, twelve, and thirteen); and resisting, obstructing, or delaying a peace officer, a misdemeanor (§ 148, subd. (a)(1)) (counts fourteen, fifteen, sixteen, and seventeen)). The information also alleged prior convictions and prison

1 All undesignated statutory references are to the Penal Code.

1 terms. (§§ 667.5, subd. (b) & 1203, subd. (e)(4).) At trial, count one was amended to allege attempted criminal threat. Defendant had several prior convictions, including two in 1994 for misdemeanor sexual battery. (§§ 243.4, subd. (a) & 17, subd. (b)(4).) As a result of that conviction, defendant was required to register as a sex offender. (§ 290, subd. (c).)2 In the late summer or fall of 2009, two women in the City of Napa had disturbing encounters with defendant. One of them, Sandra S.,3 met him in the pool area of her apartment complex. Their conversation was pleasant at first. Defendant…