Kahanic

While driving her silver Corvette, defendant was seen near a residence where her husband was visiting another woman. Failing to gain entry to the building, she drove away and stopped at a bar where she tried unsuccessfully to buy a bottle of beer. She acquired a bottle elsewhere. Later, a car like hers was again seen in the vicinity of where her husband was visiting. Their community property Mercedes Benz, parked by the husband, remained in front of his friend’s residence. The driver tossed a bottle of beer from the Corvette. It went through the rear window of the Mercedes. Defendant’s arrest and conviction of violating Penal Code section 594, subdivision (b)(3), vandalism, followed.

This marital misadventure took place near the conclusion of dissolution proceedings involving defendant and her husband. However, the Mercedes was still community property. As her defense, defendant ultimately claimed she could not “vandalize” her owrl property. Defendant unsuccessfully argued her claim in the municipal and superior courts. Following proper appellate procedure, she now seeks review of her misdemeanor conviction in this court.

We are well aware that conduct of this kind may…