People v. Flores CA4/2
Opinion
Opinion
INTRODUCTION
Defendant and appellant Juan Elias Flores, Jr., repeatedly contacted his former
wife in violation of a restraining order. One night he confronted her in a parking lot, held
a tire reamer tool to her neck and forced her to drive.
A jury convicted defendant of one count of kidnapping and one count of stalking.
(Pen. Code, §§ 207, subd. (a), 646.9, subd. (c)(1).)1 The jury also found that defendant
had personally used a deadly weapon during the commission of the kidnapping.
(§§ 1192.7, subd. (c)(23), 12022, subd. (b)(1).) Defendant admitted his prior serious
felony conviction (§§ 667, subds. (a), (c) & (e)(1)), 1170.12, subd. (c)(1)) and having
served five prior separate prison terms within the meaning of section 667.5, subdivision
(b). The court sentenced defendant to a total prison term of 20 years.
On appeal, defendant argues insufficient evidence supported the stalking
conviction. He also contends the court prejudicially erred when it instructed the jury
about defendant’s previous acts of domestic violence. We reject these contentions and
affirm the judgment.