Tran

Defendant Chu Tran was convicted by a jury of one count of felony stalking and two counts of assault with a deadly weapon. The jury also found true personal use allegations. He admitted a prior prison conviction, and was sentenced to a total of six years in prison. He now challenges the constitutionality of the stalking statute, the sufficiency of the evidence of assault with a deadly weapon, and the reasonable doubt instruction. We reject these challenges and affirm the judgment.

Statement of Facts

Viewed in accordance with the usual rules on appeal (People v. Mincey (1992) 2 Cal.4th 408, 432 [ 6 Cal.Rptr.2d 822 , 827 P.2d 388 ]), the record shows as follows. Around 2 a.m. on December 17,1994, Police Officer Alan Pham was summoned to the First Club in downtown San Jose to act as a Vietnamese interpreter in the investigation of a disturbance in the parking lot of the club. Witness Nga Nguyen saw an acquaintance (Hien Thi) and a man (identified as defendant) yelling at each other in the parking lot. Defendant grabbed a hammer that had been sitting on the hood of Hien Thi’s car, but Nguyen took it out of his hand. According to Hien Thi, defendant tried to prevent her from…