Can a defendant be convicted of stalking based on a single stalking offence?

California, United States of America


The following excerpt is from People v. Ochoa, A129751 (Cal. App. 2012):

7. Similarly in People v. Muhammad, supra, 157 Cal.App.4th 484, the defendant was charged and convicted of four counts of stalking based on a single offense but four different subdivisions of the statute. The court held the different subdivisions did not define separate substantive offenses. (Id. at pp. 493-494.) Thus, "[t]hough the single stalking offense was charged in four separate counts, defendant could be convicted of only one count of stalking. Consequently, three of defendant's four stalking convictions must be vacated." (Id. at p. 494, italics added.)

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