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Commonwealth v. Johnson

Defendant was rightfully convicted of stalking because his actions, even though they occurred on the same day and close together in time, were sufficiently distinct in both nature and time to constitute the "course of conduct" element of the crime.

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� 1 This case prompts our consideration of the stalking law, 18 Pa. C.S.A. � 2709, specifically, the type of conduct necessary to satisfy the “course of conduct” language in the statute. We also address the appropriate remedy for a violation of an accused’s right to be present at all stages of the proceedings against him.

� 2 Appellant was convicted of stalking, aggravated assault and related charges. He claims that the trial court erred in giving supplemental jury instructions outside his presence. He also claims that the evidence was insufficient to establish stalking and that the court erred in imposing sentence without the benefit of a presentence report and without an awareness of the applicable guidelines. While we uphold appellant’s convictions, we vacate the judgments of sentence and remand for resentencing.

� 3 The evidence at trial established an acrimonious relationship between appellant and the victim, Karen Slaughter, who is the mother of his child. After receiving a series of threats from appellant, Ms. Slaughter was successful in having a protection from abuse order issued against him. Several months later, while the order was in effect, appellant followed the victim in his car as she was being driven home from work by her mother. Appellant followed the women for several miles, frequently pulling up beside them making obscene gestures and statements along the way. Fearing a confrontation, Ms. Slaughter and her mother stopped at their local police precinct to report the incident. After doing so, they returned home with a police escort. As they approached their residence, they observed a man who looked like appellant fleeing from their porch. They also saw appellant’s car parked outside the home. Once inside the house, they again contacted police, who responded promptly and arrested appellant in the neighborhood.

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