People v. Thomas CA2/4

INTRODUCTION

Appellant and defendant Relius Thomas appeals from the judgment following his conviction for stalking and making criminal threats against his ex- girlfriend. He contends that there was insufficient evidence to support the conviction for stalking, that the trial court committed prejudicial misconduct in instructing the jury, and that he received ineffective assistance of counsel. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Charges Thomas was charged in count 1 with stalking (Pen. Code, § 646.9, subd. (b))1 and in counts 2-6 with making criminal threats (§ 422). It was further alleged that he had three prior convictions for felonies (§ 1203, subd. (e)(4)), two prior convictions of a serious felony (§ 667, subd. (a)(1)) and four prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Thomas pled not guilty and denied the special allegations. The case proceeded to jury trial.

Evidence at Trial A. Prosecution Evidence Thomas and Rochelle Goodwin dated on and off for 12 years, until Goodwin ended the relationship in July 2010 due to Thomas‘s insecurity and threats he made against her. Thomas began telephoning Goodwin and repeatedly…