Tauber

People v. Tauber

Good Law
1996 Cal. App. LEXIS 876·49 Cal. App. 4th 518·56 Cal. Rptr. 2d 656·96 Daily Journal DAR 11433·96 Cal. Daily Op. Serv. 7037
Court of Appeal of CaliforniaSeptember 18, 1996D022697California2,442 words

Opinion

Opinion

Benke, J.

Appellant Anthony John Tauber was convicted of stalking within the meaning of Penal Code section 646.9, subdivision (b), and of 11 counts of disobeying a protective court order in violation of section 273.6, subdivisions (a), (c) and (d). He appeals, arguing the trial court erred by allowing the impeachment of defense witnesses with their failure to promptly report exculpatory evidence and in including certain expenses in the order of restitution.

Facts

A. Prosecution Case

Martha Lawrence and appellant began living together in 1990 and later became engaged to be married. However, at the beginning of 1992, Lawrence discovered appellant was using drugs and told him to move out of her apartment. He did so but began calling her repeatedly at home and at work.

In February 1992, Lawrence returned home and found appellant in her apartment. When she told him to leave, he refused and assaulted and choked her. After appellant left, Lawrence called the police and subsequently obtained a restraining order. The order became effective on March 9, 1992.

Over the next several years, appellant constantly harassed Lawrence at home and at work. He called her repeatedly, speaking to her…

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