P. v. Gooch
Russell Lee Gooch appeals from the judgment entered following his conviction by a jury on one count of stalking with a protective order in effect (Count 1 - Pen. Code, 646.9, subd. (b)),[1] two counts of attempting to dissuade a witness from reporting a crime (counts 2 and 3 - 136.1, subd. (b)), and one count of violating a protective order by an act involving a threat of violence. (Count 6 - 166, subd. (c)(4).) The convictions occurred at appellant's second trial; at the first trial the jury deadlocked on all counts and a mistrial was declared. The trial court sentenced appellant to prison for six years, suspended execution of the sentence, and granted probation on various terms and conditions. Appellant contends: (1) the trial court erroneously determined that, on counts 3 and 6, venue was proper in Santa Barbara County; and (2) the prosecutor committed prejudicial misconduct. We reject the first contention. As to the second contention, Court conclude that one alleged instance of misconduct is without merit and the other has been forfeited because of a failure to object on misconduct grounds at trial. Accordingly, Court affirm.
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