SILFA

Statement of the Case

Defendant was charged in a four-count information as follows: count 1, a violation of Penal Code section 211, robbery; count 2, a violation of section 646.9, stalking; count 3, a violation of section 422, making a terrorist threat; and count 4, a violation of section 245, assault with a deadly weapon. It was further alleged that counts 1 and 4 were serious felonies within the meaning of section 1192.7 and that defendant had suffered a prior felony conviction within the meaning of section 667.5, subdivision (b).

Prior to trial, defendant had three Marsden hearings (People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 456 P.2d 44 ]), all of which were denied. At the end of the second hearing defendant requested to represent himself, which request was denied.

After a jury trial, defendant was convicted only of count 2, section 646.9. Defendant was acquitted of all the remaining counts. Defendant admitted his prior conviction. Defendant was sentenced to the upper term of three years on count 2. He received an additional year for the section 667.5, subdivision (b) prior, consecutive to his three-year sentence. He also received a $200 fine…