People v. Greene CA4/3

INTRODUCTION

A jury convicted Joseph Michael Greene of one count (count 1) of stalking Jane Doe when there was a restraining order prohibiting such behavior, in violation of Penal Code section 646.9, subdivision (b) (further code references are to the Penal Code). In a prior trial, a jury had convicted Greene of four counts (counts 4 through 8) of disobeying a court order in violation of section 166, subdivision (a)(4). The trial court sentenced Greene to three years in prison. At the close of the prosecution’s case-in-chief, Greene moved for acquittal under count 1 pursuant to section 1118.1. Greene argues the trial court erred in denying the motion because there was no evidence he harbored the specific intent to cause Jane Doe to fear for her safety or the safety of her family. We conclude otherwise and therefore affirm.

FACTS

Jane Doe lived in Orange County with her parents and brother. In 2008, Greene was involved in an incident with Jane Doe, which resulted in his conviction in 2009 of misdemeanor child annoyance. Jane Doe testified at the trial when she was 12 years old. The court issued a protective order requiring Greene not to take any action to obtain the address or…