People v. Gooch CA2/7

Filed 2/27/13 P. v. Gooch CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B236978

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA331982) v.

RUSSELL LEE GOOCH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Alex Ricciardulli, Judge. Reversed and remanded with directions. Helen S. Irza, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

This case comes before us a second time. On March 3, 2008, a jury in Santa Barbara convicted Russell Lee Gooch of stalking, dissuading a witness by force or threat and contempt of court. The convictions occurred at Gooch’s second trial; at the first trial the jury deadlocked on all counts, and a mistrial was declared. On May 9, 2008, the Santa Barbara trial court sentenced Gooch to an aggregate state prison term of six years, suspended execution of the sentence, and granted him five years of formal probation on various terms and conditions, including that he not have any contact with the victim or her family for 10 years, and complete a two-year residential alcohol and drug treatment 1 program. (People v. Gooch (April 19, 2011, B220982) [nonpub. opn.].) Because Gooch was ordered into the Delancey Street Foundation, a Los Angeles residential treatment program, the case was transferred to Los Angeles County for probationary supervision. Gooch entered the residential treatment program at the Delancey Street Foundation on May 12, 2008. (People v. Gooch (April 19, 2011, B220982) [nonpub. opn.].) He was terminated from the program on May 15, 2009 based on an allegation by the victim that he had electronic contact with her. (Ibid.) Thereafter, the Los Angeles trial court revoked his probation and imposed the previously stayed six-year state prison sentence after finding Gooch had caused an instant messaging communication to be sent to the victim’s e-mail account, in violation of the no-contact order, during his stay at the residential treatment program. (Ibid.) Gooch appealed; and this court reversed the order revoking probation and imposing the previously stayed sentence after concluding there was insufficient evidence to support the trial court’s finding. (People v. Gooch (April 19, 2011, B220982)