P. v. Spencer
A jury convicted defendant Kelly Sean Spencer of stalking (Pen. Code, § 646.9, subd. (a))[1] and two counts of making criminal threats (§ 422). His victim was a wheelchair-bound woman suffering from cerebral palsy.
On appeal, defendant contends the court erred by failing to stay execution of sentence on his criminal threat convictions pursuant to section 654. Additionally, he petitions for a writ of habeas corpus, contending he was denied the effective assistance of counsel at sentencing because his attorney failed to request a hearing on his financial ability to pay the costs of the probation report. We consolidated his petition with his appeal. We now deny his petition and affirm the judgment.
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