Kelley

Gerald Dee Kelley appeals his conviction for stalking, contending: (1) the stalking prosecution violated the statutory prohibition against successive prosecutions for crimes arising from the same course of conduct; (2) his prosecution violated the federal constitutional prohibition against double jeopardy; (3) he was entitled to additional custody credits; (4) the evidence was constitutionally inadequate to support the conviction; (5) the court erroneously admitted evidence of a prior offense; (6) the court erroneously failed to inquire into his complaints of inadequate counsel; (7) the court’s reasons for imposing the aggravated term were inadequate; (8) the court failed to consider mitigating factors; (9) the sentence constitutes cruel and unusual punishment; and (10) the “Three Strikes” law violates the separation of powers clause of the state Constitution. We reverse and remand.

Kelley had married Michelle K. (Shelly’s mother) when Shelly was 11 years old. Kelley began to fondle the child on a daily basis when she was sleeping, engaged in oral copulation episodes with her when she was 16, and had intercourse with her twice when she was 17. Shelly pushed him away when…