McClelland

Defendant William M. McClelland was convicted following a court trial of one count of stalking based on behavior that was prohibited by a restraining order. (Pen. Code, § 646.9, subd. (b).) The court also found to be true a prior conviction for attempted murder, making the conviction a second strike. (§ 667, subds. (b)-(i).) Defendant was sentenced to the midterm of three years doubled, for a total of six years. A section 667.5, subdivision (b) prior prison commitment enhancement was stricken.

Defendant contends section 646.9, subdivision (b) is unconstitutionally vague and also that there was insufficient evidence to support his conviction. He further asserts that he was improperly sentenced because the prosecution failed to allege the prior conviction as a strike. He also attacks the three strikes law on a variety of other grounds. Finally, he argues that the court failed to determine whether he had the ability to pay a $200 restitution fine, and that the abstract of judgment should be corrected to reflect the court’s finding as to the prior conviction.

In the published portion of our opinion, we conclude that section 646.9 is not unconstitutionally vague and that…