People v. Sanchez CA4/1

INTRODUCTION

A jury convicted Gilbert David Sanchez, Jr. of one count of felony

vandalism (Pen. Code, § 594, subd. (a); count 5),1 acquitted him of one count of making a criminal threat (§ 422; count 3) and one count of elder abuse under circumstances likely to produce great bodily injury or death (§ 368, subd. (b)(1); count 4), and failed to reach a verdict on two counts of assault with a firearm (§ 245, subd. (a)(2); counts 1 & 2). After a retrial on counts 1 and 2, a second jury convicted Sanchez on the assault with a firearm charges and returned true findings on firearm enhancements attached to both counts (§ 12022.5, subds. (a), (d)). Sanchez was sentenced to an aggregate term of 10 years in state prison. On appeal from the judgment of conviction, Sanchez contends we must reduce his felony vandalism conviction to a misdemeanor because there was insufficient evidence that the property damage he caused amounted to $400 or more—the minimum threshold needed to support a felony vandalism conviction. (§ 594, subd. (b)(1).) We reject this argument and affirm the judgment. II

BACKGROUND

Sanchez is the grandson of the victim, Raul M. Sanchez and multiple other family members lived…