Falck

People v. Falck

Good Law
1997 Cal. App. LEXIS 49·52 Cal. App. 4th 287·60 Cal. Rptr. 2d 624·97 Daily Journal DAR 986·97 Cal. Daily Op. Serv. 646
Court of Appeal of CaliforniaJanuary 27, 1997A071025California4,395 words

Opinion

Opinion

Stein, J.

Appellant George F. Falck stands convicted of stalking, a violation of Penal Code section 646.9, subdivision (a). Appellant contends on appeal that the term “safety” set forth in the statute is unconstitutionally vague and overbroad. He further raises issues of the sufficiency of the evidence to support his conviction [/]. We reject the contention!/] of unconstitutionality [/]. We find that the evidence is sufficient to support appellant’s conviction[/], and accordingly affirm the judgment.

Facts

Appellant has been diagnosed as suffering from schizophrenia. His ability to control his impulses is reduced unless he receives and takes antipsychotic medication. Although appellant graduated from college, received an M.B.A. and served in the army, receiving an honorable discharge, he has been unable to obtain employment since 1978 or 1979, apparently declining into homelessness until 1982 or 1983 when he was given a place to sleep by the Resurrection Lutheran Church.

In 1982, when appellant was 35 or 36, he began to frequent a Nation’s Hamburgers restaurant. There he noticed, and became fixated with, a 19-year-old woman working at the restaurant. He sent her 12 black roses.…

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