Halgren

Earl Achilles Halgren appeals a judgment convicting him of felony stalking (Pen. Code, § 646.9). The trial court granted Halgren five years’ probation with credit for time served. He challenges the constitutionality of the statute, arguing it is vague, overbroad and unconstitutional as applied to him. He also contends there was insufficient evidence of a credible threat to justify a conviction. We affirm the judgment.

Factual and Procedural Background

Melissa Gonzales met Halgren at a grocery store on September 9, 1994. He asked her if he could practice his Spanish with her. During their conversation he learned where she worked and that she was divorced. She showed him a picture of her child. She refused his invitation to have lunch.

The next day, Halgren telephoned Gonzales at the office where she worked as a receptionist and asked her to lunch. She refused, telling him she had a boyfriend. During their conversation she said she came from Killeen, Texas.

The following day he telephoned again and asked her to lunch. She said she was going grocery shopping during her lunch hour because that evening she planned to cook dinner for her boyfriend. She told him he could…