P. v. Irving
Michael Irving (appellant) appeals from the judgment entered following a jury trial that resulted in his conviction of stalking (Pen. Code, 646.9, subd. (b))[1], first degree burglary ( 459), contempt of court (166, subd. (c)(4)), misdemeanor battery on a former cohabitant ( 243, subd. (e)(1)), and cutting a utility line ( 591). The trial court sentenced appellant to 13 years in state prison. We appointed counsel to represent him on this appeal. The following facts were adduced at trial: Appellant and Christine Hazely had been in a romantic relationship for many years. During this time, they had three children together. Sometime in 2002 or 2003, the relationship ended and appellant moved out of their home. After the relationship ended, appellant was physically abusive toward Hazely on several occasions. In 2007, Hazely obtained a restraining order against appellant. Notwithstanding the protective order, there were times when Hazely would allow appellant to enter her home to visit with their children.
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