P. v. Molina CA4/2
A jury found defendant and appellant Mario Adam Molina guilty of stalking in violation of a restraining order (Pen. Code, § 646.9, subd. (b), count 1) and found true the allegation that he was subject to a temporary restraining order. The jury also found him guilty of violating a protective order. (§ 273.6, subd. (a), count 2.) A trial court sentenced defendant to the upper term of four years on count 1, plus a concurrent term of one year on count 2.
On appeal, defendant initially contended: (1) the evidence was insufficient to show he stalked the victim while a restraining order was in effect; (2) the concurrent term on count 2 must be stayed pursuant to section 654; and (3) the matter should be remanded for resentencing because the court mistakenly believed it did not have the discretion to grant probation, and it relied on improper and unsupported factors to impose the upper term on count 1. We filed an opinion addressing these contentions.
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