Borrelli

By information filed in Stanislaus County Superior Court on February 19, 1997, appellant, Ralph David Borrelli, was charged with the burglary, arson, and vandalism of a dental office located at 3025 McHenry Avenue in Modesto, California in violation of Penal Code sections 459, 451, subdivision (c), and 594, subdivision (b)(2), respectively. In addition, he was charged with the stalking of his estranged wife, Annette Borrelli, on or about July 21, 1995, and December 22, 1996, in violation of section 646.9, subdivision (a). Appellant entered not guilty pleas to the charges and requested a jury trial in the matter.

The burglary charge was subsequently set aside in response to appellant’s section 995 motion.

The matter then proceeded to trial on the remaining counts. The jury found appellant guilty of arson of a structure as a lesser included offense of count II, vandalism and stalking.

On May 23, 1997, imposition of sentence was suspended and appellant was placed on three years’ probation.

Notice of appeal was timely filed on June 9, 1997. Here, appellant raises various issues related to the constitutionality of the stalking statute, section 646.9; the sufficiency of the…