P. v. Brewster CA6
Defendant Mary Kay Brewster, a physician at a Monterey hospital, was married to another physician at the same hospital. The couple separated after Brewster discovered her husband was engaged in extramarital affairs with nurses at the hospital. Brewster began harassing her husband and one of the nurses through phone calls, messages, personal confrontations, and infliction of property damage. The trial court found her guilty of stalking, vandalism, and unauthorized entry of a dwelling house. The court granted a three-year term of probation. Brewster raises four claims on appeal. We conclude Brewster’s conduct constituted true threats of an intent to commit unlawful violence, such that her stalking convictions did not violate the First Amendment. Second, we conclude the denial of her section 17(b) motion was not an abuse of discretion. As to the probation conditions, we conclude the language meets constitutional requirements. We reject all other claims, and we will affirm.
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