P. v. Hernandez
Following a jury trial, defendant, Manuel Hernandez, was convicted of one count each of stalking his ex-wife, Angela,[1] and her current boyfriend, Joe Trujillo (Pen. Code, § 646.9, subd. (a) -- counts 1 & 4),[2] stalking Angela while a temporary restraining order was in effect (§ 646.9, subd. (b) -- count 2), one count each of making criminal threats against Angela and Joe (§ 422 -- counts 3 & 4), and a misdemeanor count of contempt of court. (§ 166, subd. (c)(1) -- count 8.) On appeal, he contends: (1) there was not substantial evidence to support the stalking and criminal threats charges as related to Joe (counts 4 & 7); (2) the consecutive sentences imposed on the stalking and criminal threats convictions (counts 2, 3, 4 & 7) violated section 654’s prohibition against multiple punishment; (3) the court imposed an unauthorized sentence by selecting count 2 as the principal term; (4) in finding no mitigating circumstances, the court did not exercise informed sentencing discretion; and, (5) the convictions for stalking Angela and contempt of court (counts 1 & 8) should be vacated given his conviction for stalking Angela while a temporary restraining order was in effect. We agree that the consecutive sentences imposed on counts 3 and 4 must be stayed under section 654 and that the conviction for count 1 must be vacated in light of the conviction on count 2. In all other respects, we affirm the judgment.
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