P. v. Lopez
Following a jury trial, defendant Carlos Javier Lopez was convicted of stalking Veronica H. in violation of Penal Code section 646.9, subdivision (a).[1] The court found true allegations that defendant had prior convictions for stalking and battery on a spouse or cohabitant (see § 646.9, subds. (c)(1) & (c)(2)) and had served three prior prison terms (§ 667.5, subd. (b)). Defendant was sentenced to an eight-year prison term.
The information alleged that the stalking occurred from September 29, 2007 through August 2010. The stalking charge was based on a series of letters and voice mail messages from defendant to Veronica. The prosecution also admitted evidence of an uncharged offense, during which defendant threatened Veronica with a rifle.
On appeal, defendant contends the trial court erred by also admitting evidence that a rifle was found near Veronica’s residence two days after the uncharged threat. He further contends the trial court should not have admitted evidence that Jesus Lopez, Jr., who was arrested in connection with the rifle, claimed to be defendant’s nephew. Finally, defendant claims that he is entitled to additional presentence conduct credit. We will modify the award of presentence conduct credits but otherwise affirm.
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