People v. Manning CA4/1

Filed 8/26/15 P. v. Manning CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065566

Plaintiff and Respondent,

v. (Super. Ct. No. SCD239475)

DAVID MANNING,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia

Eyherabide, Judge. Affirmed.

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, and Annie Featherman Fraser, Deputy

Attorney General, for Plaintiff and Respondent.

Defendant David Manning was charged with one count of stalking with a court

order in effect (Pen. Code, § 646.9, subd. (b)),1 and it was alleged in connection with the

1 All further statutory references are to the Penal Code unless otherwise specified.

stalking count that he had previously been convicted of violating section 422, within the

meaning of section 646.9, subdivision (c)(1). It was also alleged he had previously been

convicted of violating section 646.9, subdivision (a), within the meaning of section 646.9,