Landis

Relevant Procedural Background

On July 25, 1995, an amended eight-count information was filed against appellant Kelly Jon Landis. Counts 1 and 2 charged appellant with stalking in violation of Penal Code section 646.9, subdivision (b). Counts 3 and 4 charged appellant with first degree residential burglary in violation of Penal Code section 462, subdivision (a). Counts 5, 6, and 8 charged appellant with second degree vehicular burglary in violation of Penal Code section 459. Finally, count 7 charged appellant with receiving stolen property, in violation of Penal Code section 496, subdivision (a). Appellant pleaded not guilty.

Trial by jury commenced on July 31, 1995. On August 14, 1995, the trial court determined that the jury was deadlocked on counts 1 and 2, and declared a mistrial as to these counts. On the same date, the jury found appellant guilty on counts 3 through 8.

On October 24, 1995, appellant was sentenced to prison for a term of six years, including a four-year sentence as to count 3, a sixteen-month sentence as to count 4, and an eight-month sentence as to count 7, to run concurrently with eight-month sentences as to counts 5, 6, and 8. This appeal…