People v. McWaters CA5

FACTS AND PROCEDURAL HISTORY

McWaters was arrested at the Food-4-Less supermarket in Atwater on October 11, 2010. Store staff had called the police after McWaters had come into the store four times that night to approach the check stand of the victim, Denise Z. When Denise retreated to the office at the back of the store, McWaters followed her and glared at the mirrored glass window of the office after she entered. As will be seen, this was the last of numerous incidents of harassment of Denise by McWaters at Denise’s workplace and home, occurring over several months. The district attorney filed an information charging McWaters with one count of stalking after having been previously convicted of stalking. (Pen. Code, § 646.9, subd. (c)(2).)1 The information alleged that McWaters was previously convicted of stalking on June 10, 2003 and January 24, 2006. For purposes of sentence enhancement under section 667.5, subdivision (b), the information alleged that McWaters served a prison term for the 2006 conviction. At trial, Denise testified that she first saw McWaters in June or July 2010. He was a homeless man who bought food in the early morning, between 6:00 and 7:00 a.m., at…