People v. Gallagher CA5

INTRODUCTION

A jury found defendant Keith Brian Gallagher guilty of two counts of felony stalking and three counts of misdemeanor vandalism. He appeals, contending the evidence is insufficient to support his convictions for felony stalking. He argues the record is devoid of credible evidence that his letters or his graffiti constituted a credible threat with the intent to place the victims in reasonable fear. Defendant also asserts the trial court erred in admitting evidence of his inquiry regarding eligibility to own a firearm because it was irrelevant and prejudicial. We disagree and affirm.

PROCEDURAL HISTORY

Defendant was convicted of two counts of felony stalking (Pen. Code,1 § 646.9, subd. (a); counts 1 & 2) and three counts of misdemeanor vandalism (§ 594, subd. (a); counts 3-5). His subsequent motion for new trial and petition for an order disclosing personal juror information were denied. Thereafter, on August 23, 2012, defendant was placed on formal felony probation for a period of five years, conditioned upon the following: he was to serve 365 days in county jail on count 1; a concurrent 365-day sentence was to be served as to count 2; and 30-day consecutive…