McPheeters

A jury convicted defendant Donald James McPheeters of felony stalking in violation of a restraining order (Pen. Code, § 646.9, subd. (b) [count 1]; unless otherwise stated, all statutory references that follow are to the Penal Code), and three counts of disobeying a court order (§ 166, subds. (a) (4), (c)(1) [counts 2-4]). The trial court found true an allegation as to count 1 that defendant had a prior conviction for assault with a deadly weapon (§ 245, subd. (a)(1)) within the meaning of sections 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). The court sentenced defendant to the midterm of three years in state prison for count 1, doubled to six years because of defendant’s prior strike. For counts 2 through 4, the court sentenced defendant concurrently to six months each in state prison. The court awarded defendant 175 days of actual credit and 87 days of conduct credit, for a total of 262 days’ credit.

Defendant contends on appeal that the trial court erred in instructing the jury, that the six-month sentences on the misdemeanor charges should have been stayed pursuant to section 654, and that he is entitled to two-for-two conduct…