People v. Ballantyne

Defendant pleaded nolo contendere to one count of aggravated stalking, MCL 750.411Í; MSA 28.643(9), and was sentenced to three years’ probation, the first six months to be served in prison. Defendant appeals as of right and we affirm.

Defendant challenges the constitutionality of the stalking statute on the grounds that it is vague and overbroad. The constitutionality of this statute was, however, recently upheld by this Court in People v White, 212 Mich App 298; 536 NW2d 876 (1995).

We separately address defendant’s argument that § 411i(5) of the statute, which creates a rebut-table…