People v. Wynne CA2/7

INTRODUCTION

The question raised by this appeal is whether Penal Code section 6541 bars sentencing of a defendant for both criminal threats and stalking of a victim when the stalking convictions were based in part on the charged making of criminal threats. We find that section 654 is not a bar where there was substantial evidence to support the stalking charges excluding consideration of the criminal threats charged separately. John Farrell Wynne appeals from a judgment of conviction entered after a jury trial. The jury found him guilty on two counts of making criminal threats against Julia Knox (§ 422; counts 1 & 2), one count of stalking Knox in violation of a court order (§ 646.9, subd. (b); count 3), and one count of stalking Knox (§ 646.9, subd. (c)(2); count 4). The jury also found Wynne guilty of stalking Emily Stuhlbarg (ibid.; count 5) and Richard Norene (ibid.; count 6), and making criminal threats against Stuhlbarg (§ 422; counts 7, 9 & 11) and Norene (ibid.; counts 8, 10 & 12). Following a bifurcated hearing, the trial court found true the allegations Wynne suffered a prior conviction of a serious felony (§§ 667, subds. (a)(1), (b)-(i), 1170.12) and served three prior…