People v. Cory CA4/2

STATEMENT OF THE CASE

On March 4, 2014, a felony information charged defendant and appellant William

Christopher Cory with one count of stalking under Penal Code section 646.9, subdivision

(a)1 (count 1).

On February 20, 2014, at the close of the preliminary hearing, defendant moved to

have his charge reduced to a misdemeanor. The trial court denied the motion, noting that

the number of contacts and the nature of the contacts between defendant and the victim

did not indicate misdemeanor behavior. On June 3, 2014, defendant moved to set aside

the information based on insufficiency of the evidence at the preliminary hearing under

section 995. The trial court denied the motion.

On June 26, 2014, a jury found defendant guilty as charged. The probation

department recommended that defendant be given formal probation for three years.

Defendant argued that he had a mental disorder. The mental disorder (1) explained why

defendant did not comprehend the wrongfulness of his actions; (2) would be exacerbated

by imprisonment; and (3) could be treated with psychiatric treatment. The People

requested the upper term of three years.

On September 5, 2014, the trial court sentenced…