Markley

In August 2004, a jury convicted Mary J. Markley of felony stalking (Pen. Code, § 646.9, subd. (a)) and found that she had previously been convicted of felony stalking within the meaning of section 646.9, subdivision (c)(2). In a bifurcated proceeding, the court found that Markley had served a prior prison term within the meaning of sections 667.5, subdivision (b) and 668. The court sentenced her to prison for six years, consisting of the middle term of two years for the stalking conviction, a consecutive three-year term for the prior stalking conviction, and a consecutive one-year term for the prison prior.

Markley appeals, contending that as an indigent defendant, she was entitled to a free transcript of her previous stalking trial, which took place in 2002, for purposes of preparing for the 2004 trial. Specifically, Markley maintains that her inability to obtain a transcript deprived her of her constitutional rights to a fair trial, to impeach prosecution witnesses and to intelligently decide whether to testify on her own behalf. She further contends that the court erroneously imposed both a two-year term for the stalking conviction (§ 646.9, subd. (a)) and a…