Ewing

Robert Samuel Ewing, appearing in propria persona, was convicted of stalking (Pen. Code, § 646.9, subd. (a)) after a court trial. He was acquitted of trespassing (§ 602, subd. (n)). The trial court sentenced Ewing to two years in prison and issued a restraining order, pursuant to then section 646.9, subdivision (j), which prohibited Ewing from contacting the stalking victim for ten years.

Ewing appeals, contending the stalking statute is unconstitutionally vague, and there was insufficient evidence to support the conviction. We reject the first contention but agree the prosecution failed to establish the victim suffered substantial emotional distress. Accordingly, we reverse.

Facts

In November 1997, Rancella Ferguson was picking up her daughter at a downtown bus station. As Ferguson was leaving, she held open the door to allow Ewing to enter the station. Ewing told her if was the nicest thing anybody had done for him that day. Ewing and Ferguson struck up a conversation, and he asked whether she would be interested in assisting him in his magic show. Ferguson gave Ewing her phone number.

On January 30, 1998, Ewing performed a magic show at a fund-raiser for Ferguson’s…