P.

Facts Since there was no trial, the following facts are taken from the transcript of the preliminary hearing: Officer Edward Kasaba went to a residence in Oxnard in response to a report of a domestic incident. He met Lillie Perez, who complained that her live-in boyfriend, appellant, had punched her in the face. As a result of the blow, Perez's upper lip was swollen and cut. While Kasaba was questioning Perez, appellant telephoned the house phone. Kasaba answered the phone and identified himself as "Frank." Appellant asked to speak to Perez, but Kasaba said that she was busy and could not come to the phone. Appellant replied, "[T]ell that bitch to call me back within five minutes or I'm going to come over there and drag her out." Appellant hung up, but called back a few minutes later. Kasaba again answered the phone. Appellant said "that he was Lalo from Colonia Chiques and that [Kasaba] had better watch out because he's on his way over." Approximately 10 minutes later, appellant arrived at the residence and was arrested. A gang expert testified that appellant is an active member of Colonia Chiques, a criminal street gang. Guilty Plea and Sentencing Appellant…