P. v. Duran
A jury found Marlo Duke Duran guilty ofstalking (Pen. Code,[1] 646.9, subd. (a)) (count 1), making a criminal threat as to victim Anita C. (Anita) ( 422) (count 2), making a criminal threat as to victim Donna S. ( 422) (count 3), making annoying telephone calls ( 653m, subd. (a)) (count 4), and violating a protective order ( 273, subd. (a)) (count 5).[2] After the jury returned its verdict, Duran admitted having suffered two prior strike convictions ( 667, subds. (c), (e)(2)(a), 1170.12, subd. (c)(2)(A)) and a prison prior ( 667.5, subd. (b)). The trial court sentenced Duran to 25 years to life on count 1 and 25 years to life on count 3, to be served consecutively to the sentence on count 1. In addition, the court sentenced Duran to 365 days on count 4, to be served consecutively to the terms imposed on counts 1 and 3, and 365 days on count 5. The court specified that the term on count 5 be served concurrently to that imposed on count 4. The court also imposed a one-year sentence for the prison prior, to be served consecutively to the terms imposed on counts 1, 3, 4, and 5. The court imposed a sentence of 25 years to life on count 2, but stayed execution pursuant to section 654. The court sentenced Duran to a total aggregate term of 51 years to life in prison, plus an additional one year in any penal institution.
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