People v. Haller CA3

I. BACKGROUND

The substantive facts underlying defendant’s conviction are not relevant to our disposition and are therefore not recounted here. In Shasta County case No. 05F3600, an amended information charged defendant with: four counts of making criminal threats (§ 422—counts 1, 2, 3, & 4), assault with a deadly weapon (§ 245, subd. (a)(1)—count 5), and stalking (§ 646.9, subd. (a)—count 6). The amended information also alleged: (1) two prior strike convictions (§ 1170.12); (2) a prior prison term (former § 667.5, subd. (b)); (3) an enhancement for stalking after conviction for criminal threats or spousal abuse (§ 646.9, subd. (c)(1)); and (4) an enhancement for stalking after conviction for stalking (§ 646.9, subd. (c)(2)). A jury found defendant guilty of all counts. In bifurcated proceedings, the trial court found true the prior conviction and the prior prison term enhancement allegations. At the sentencing hearing in June 2007, the trial court selected count 5 as the principal term and imposed a sentence of 25 years to life in state prison. The trial court imposed consecutive sentences of 25 years to life for counts 1 and 3. Each of these three terms was enhanced by one…