People v. Ruiz CA2/1

BACKGROUND

I. Charges

An amended information charged Ruiz with stalking Abigail Rivaz between April 1, 2021 and September 21, 2021, a felony. (Pen. Code,1 § 646.9, subd. (a); count 1.) The stalking began about one month before Ruiz turned 25 years old. Count 2 charged Ruiz with violating protective orders pertaining to Arlen Santos on or about February 2, 2022, a misdemeanor. (§ 166,

1 Undesignated statutory references are to the Penal Code.

2 subd. (c)(1).) The amended information alleged Ruiz had two prior strike convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)): a February 2020 conviction for battery causing serious bodily injury (§ 243, subd. (d)), and a February 2021 conviction for attempted first degree burglary (§§ 459 & 664). As to count 1, the felony stalking count, the amended information alleged numerous circumstances in aggravation, some relating to the crime and some relating to Ruiz.

II. Overview of Evidence Presented at Trial

A. Prosecution case 1. Count 1 – stalking of Rivaz Rivaz’s mother met Ruiz at a grocery store. Beginning in April 2021, Ruiz began coming over, uninvited, to the…