McCray

David McCray appeals from felony convictions of stalking and damaging a telephone line, and misdemeanor convictions of trespass, disturbing the peace, and making annoying telephone calls. He contends the evidence was insufficient to support the stalking conviction; the trial court improperly admitted evidence of prior instances of domestic violence; and the prosecutor committed prejudicial misconduct in closing argument.

Statement of the Case

Appellant was charged by information filed on August 4, 1995, with one count of aggravated trespass (Pen. Code, § 601, subd. (a)(1)) ; four counts of making terrorist threats (§ 422); one count of stalking (§ 646.9, subd. (a)); one count of damaging a telephone line (§ 591); and two counts of making annoying telephone calls (§ 653m, subd. (a)). An amended information filed on December 5, 1995, omitted one of the counts of making a terrorist threat.

After a jury trial, appellant was convicted as charged of stalking, damaging a telephone line and one count of making annoying telephone calls. He was additionally convicted of misdemeanor trespass (§ 602.5) as a lesser related offense of aggravated trespass; and two counts of…