P. v. Olvera
Defendant appeals from judgment entered following jury verdicts for assault with a deadly weapon, a knife, (Pen. Code, 245, subd. (a)(1)) nand stalking ( 646.9, subd. (a)). The jury was unable to reach a verdict on the attempted murder charge ( 664 & 187, subd. (a)), resulting in a mistrial on that count. The jury found true two strike priors ( 667, subds. (c) and (e)(2)(A) & 1170.12, subd. (c)(2)(A)) and an enhancement allegation that defendant used a knife in the commission of an assault ( 12022, subd. (b)). The trial court sentenced defendant to 56 years to life in prison.
Defendant contends the trial court violated his due process rights by allowing the prosecution to add a stalking charge after dismissing it a day earlier based on vindictive prosecution. Defendant also asserts there was insufficient evidence to support the stalking charge, and the court erred in admitting evidence of defendants prior bad acts. Defendant further argues that the trial court erred in imposing consecutive sentences for stalking and assault with a deadly weapon, rather than staying the assault sentence under section 654.
Court conclude there was no prejudicial error in the court reinstating the stalking charge since it should not have been dismissed initially. Court further reject defendants other contentions and affirm the judgment.
Comments on P. v. Olvera