Gams

Appellant was charged with the crime of stalking Linda Salcedo in violation of a restraining order on and between February 14, 1995, and March 10, 1995, in violation of Penal Code section 646.9, subdivision (b). He was convicted by a jury which also found true an allegation that appellant suffered a prior conviction on October 12,1988, for residential burglary (§ 667, subds. (b)-(i)) and a March 8, 1991, conviction and prison term for terrorist threat (§ 667.5, subd. (b)). He was sentenced to state prison for 10 years.

Appellant appeals on the ground the court committed reversible error by instructing the jury in accordance with the language of section 13710, subdivision (b). Alternatively, appellant requests the case be remanded to permit the court to exercise its discretion to dismiss his “strike” prior under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ].

Summary of Facts

We briefly state the evidence in the light most favorable to the jury’s verdict. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ].) Linda Salcedo began an on-again, off-again dating relationship with appellant in…