People v. Ewing (1999)

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[No. D031878. Fourth Dist., Div. One. Dec 2, 1999.]

THE PEOPLE, Plaintiff and Respondent, v. ROBERT SAMUEL EWING, Defendant and Appellant.

[Modification of opinion ( 76 Cal. App. 4th 199 ) on denial of petition for rehearing.]

OPINION

BENKE, Acting P. J.-

The opinion filed November 12, 1999, is modified as follows:

The following text is added to page 19, following the second sentence of the first paragraph [76 Cal. App. 4th 211, advance report, 2d par., line 3]: It was Ewing's conduct that evening that prompted Ferguson to make her first telephone call to the police department. Two days later, Ewing was arrested. Before the evening of April 14, there was no evidence that Ferguson feared Ewing.

A new paragraph is created beginning with "Ferguson's boyfriend, Goulding, testified ...." At the end of this paragraph [76 Cal. App. 4th 212, advance report, line 2], the following footnote is added: In a petition for rehearing, the Attorney General argues we have added an element to the crime of stalking. We have not. Rather, we have merely found the prosecution did not meet its burden of proof below.

There is no change in judgment.

The petition for rehearing is denied.