Sotomayor

I. Introduction

David Sotomayor, defendant, appeals from a judgment of conviction, after a jury trial, of stalking when a restraining order was in effect prohibiting his behavior. (Pen. Code, § 646.9, subd. (b).) The court found defendant had sustained three prior serious felony convictions within the meaning of subdivisions (b) through (i) of section 667. He was sentenced to 25 years to life in state prison. (§ 667, subd. (e)(2)(A)(ii).) We affirm the judgment of conviction. However, we modify defendant’s presentence custody credits. Further, we remand for reconsideration of the sentence pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530, fn. 13 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ].

II. The Stalking Statute

At the time defendant committed the present offense, section 646.9, concerning stalking, provided: “(a) Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty of the crime of stalking, . . . [^Q (b) Any person who violates subdivision (a) when…