P. v. Gaytan CA5
Appellant Jesus Vincent Gaytan, Jr., was arrested following his ex-girlfriend’s report to the police that he went to her house and attacked her. Approximately two days after his arrest, appellant made several calls to his ex-girlfriend from jail, telling her to “drop the charges please” because he was scared for his safety in jail. A jury convicted appellant of unlawfully attempting to prevent and dissuade a victim or witness of a crime from causing a complaint, indictment, information, probation and parole violation to be sought and prosecuted and assisting in the prosecution thereof (Pen. Code, § 136.1, subd. (b)(2); count 3) and a misdemeanor count of disobeying a court order (§ 166, subd. (a)(4); count 4). In a bifurcated court trial, the court found true that appellant had suffered two prior strikes (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), two prior prison terms (§ 667.5, subd. (b)), and two prior serious felonies (§ 667, subd. (a)(1)).
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