People v. Hobbs CA2/4

INTRODUCTION

Appellant Vonn Ramone Hobbs appeals from a judgment following his conviction for felony vandalism of a gas station window (Pen. Code, § 594, subd. (a)). He contends, and the Attorney General concedes, that the trial court erred in admitting hearsay evidence regarding the estimated repair costs for the damaged window. That testimony was the only evidence showing that the damage to the window amounted to $400 or more, the threshold for a felony conviction. Hobbs contends that this court should modify the judgment to reflect a conviction of misdemeanor rather than felony vandalism, or in the alternative, remand for a full retrial of the case. The Attorney General contends that the correct remedy is to remand the case for a retrial limited to the issue of the cost of repairs to the window. We agree with the parties that the testimony regarding the replacement value of the window was inadmissible hearsay. We conclude that the proper remedy is to remand the case for a full retrial, and as an alternative to retrying Hobbs, the prosecutor should have the option of accepting a modification of the judgment to reflect a conviction of misdemeanor vandalism.

PROCEDURAL…