P. v. Preston CA1/3
Defendant appeals a judgment convicting him of residential burglary, stalking and vandalism and sentencing him to 16 years 4 months in prison. He contends the court’s instruction on the use of prior uncharged acts of domestic violence as propensity evidence impermissibly lowered the prosecution’s burden of proof on the charged offenses. He also contends punishment for his vandalism conviction must be stayed under Penal Code section 654. We find no instructional error but agree that execution of defendant’s sentence for vandalism must be stayed. Accordingly, we modify defendant’s sentence and otherwise affirm the judgment.
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