California v. Gonzalez
Annotate this CaseDefendant-respondent Mario Alberto Gonzalez was charged with: (1) five counts of violating Penal Code1 section 422 (criminal threats) (counts 1 through 5), all of which also specially alleged violations of section 186.22, subdivision (b)(1)(B) (that defendant had the specific intent to promote, further and assist in criminal conduct by gang member); and (2) one count violating section 166, subdivision (a)(10) (disobeying the terms of an injunction) (count 6). The complaint also alleged that defendant had suffered a prior serious felony conviction for violating section 192, subdivision (a) (voluntary manslaughter), and section 245, subdivision (a)(2) (assault with a firearm), under section 667, subdivisions (a), (c), and (e)(1), and section 1170.12, subdivision (c)(1). The complaint further alleged that defendant suffered three prior offenses with state prison sentences under section 667.5, subdivision (b). Defendant was arraigned the same day. He entered pleas of not guilty to all charges and denied all special allegations. An information charged defendant with all of the counts previously alleged in the complaint, as well as two additional counts for misdemeanor violations of section 415, subdivision (l) (challenging another to fight in a public place). These counts also contained special allegations for violations of section 186.22, subdivision (d) (specific intent to promote, further and assist in criminal conduct by gang members). Defendant entered pleas of not guilty to all charges and denied all special allegations. He then filed a motion to set aside the information and dismiss all counts alleging violations of section 422 (criminal threats) and 415 (challenging another to fight in a public place). The State filed an opposition to defendant’s motion. The trial court held a hearing on the motion. Thereafter, the court granted defendant’s motion and dismissed counts 1 through 7 and the related allegations. That same day, defendant pled guilty to count 8, a violation of section 166, subdivision (a)(10) (disobeying the terms of an injunction). The State appealed he trial court's decision, arguing that the trial court erred in granting defendant’s motion to dismiss counts 1 through 5 (criminal threats). Upon review, the Court of Appeal agreed with the State. Therefore, it reversed the order setting aside those charges and remanded the case for further proceedings.
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