People v. Eaves CA2/6

Filed 4/2/24 P. v. Eaves CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B324674 (Super. Ct. No. 2022011755) Plaintiff and Respondent, (Ventura County)

v.

MICHAEL ALLEN EAVES,

Defendant and Appellant.

Michael Allen Eaves appeals from the judgment after a jury convicted him of stalking (Pen. Code,1 § 646.9, subd. (a)) and making criminal threats (§ 422). The trial court sentenced him to the middle term of two years on each conviction, staying the sentence on the latter pursuant to section 654. Eaves contends: (1) there is insufficient evidence to support his convictions, (2) his criminal threats conviction must be vacated due to instructional error, and (3) the matter must be remanded…