Gray

Filed 4/4/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F085699

Plaintiff and Appellant, (Super. Ct. No. BF160326A) v.

SHAWN VINCENT GRAY, OPINION

Defendant and Respondent.

APPEAL from orders recalling and modifying a judgment of the Superior Court of Kern County. Gloria J. Cannon, Judge. Cynthia J. Zimmer, District Attorney, and Anthony J. Yim, Deputy District Attorney, for Plaintiff and Appellant. Conness A. Thompson, under appointment by the Court of Appeal, for Defendant and Respondent. -ooOoo- In January 2016, respondent Shawn Vincent Gray reached a plea agreement with the prosecution and entered no contest pleas to one count of stalking (Pen. Code,1 § 646.9, subd. (b)) and two counts of making criminal threats (§ 422). He also admitted a

1 All undesignated statutory references are to the Penal Code. prior strike allegation (§§ 667, subds. (c)–(j) & 1170.12, subds. (a)–(e)) and six one-year prior prison commitment allegations (former § 667.5, subd. (b)(1) [hereafter 667.5(b)] .) The parties further agreed that the trial court would resolve Gray’s…