People v. Choi CA2/7

Filed 7/14/25 P. v. Choi CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B337953

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 24JCF00389) v.

ERNEST CHOI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Natalie Stone, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

On March 14, 2024 Ernest Choi pleaded no contest to stalking. The trial court sentenced him to six years in prison, and Choi appealed.

We appointed counsel to represent Choi on appeal. Counsel reviewed the record and did not identify any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Nor, after reviewing the record independently, have we. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Choi dated Jessica C. from 2005 to 2009. In January 2021 he began contacting her again, as well as her significant other. On May 21, 2023 Jessica received a phone call from an unknown number. Jessica did not answer it. Choi left Jessica two voice messages and sent her several text messages that included sexual references. One of the text messages quoted a song titled “Assassin” and stated, “She did, I’m ready to kill your ass too. She is you in the song. Can you come over please and that’s an order.” The People charged Choi with two counts of stalking with three prior convictions for stalking (Pen. Code, § 646.9, subd. (a))1 and one count of making a criminal threat (§ 422, subd. (a)). The trial court granted Choi’s request to represent himself, and Choi filed a motion seeking “to reduce the felony charges to misdemeanors.” Choi also filed a petition for writ of habeas corpus, arguing that sections 422 and 646.9 were “void for vagueness.” Before the trial court ruled on the motion or the petition, however, Choi pleaded no contest on March 14, 2024 to one count of stalking and admitted he had a prior conviction for a serious or