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P. v. Maldonado
A jury convicted Jesus Maldonado (Jesus)[1]of two counts of stalking (Pen. Code,[2] 646.9, subd. (a); counts 1 & 2), vandalism over $400 ( 594, subd. (a)(b)(1); count 3), simple assault ( 240; count 5), four counts of obstructing a police officer by filing a false report ( 148.5, subd. (a); counts 6-9), and one count of resisting an officer ( 148, subd. (a)(1), count 10).[3] The trial court sentenced Jesus to prison for two years on count 1. The court stayed sentences for counts 2 and 3 under section 654. For counts 5 through 10, the court denied probation and sentenced Jesus to 180 days with credit for time served.Jesus's sole contention on appeal is that the trial court erred in failing to give a unanimity of acts instruction to the jury on count 3, vandalism over $400, and this error was prejudicial. Court conclude any possible error was harmless, and thus, affirm the judgment.





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