People v. Fisher CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)

1 Wanting to go to jail, defendant vandalized a truck belonging to the manager of a tire store; defendant had previously applied for a job there. Around noon, defendant walked into the tire store and lit a cigarette in order to get attention. The manager saw him and told him to leave. The manager recognized defendant from a previous incident where he had called the police because defendant was smoking in the store showroom. The manager walked defendant outside and called the police. Defendant then calmly and nonchalantly told the manager he had scratched a truck. Defendant then showed him the truck. It was the manager’s 2014 Dodge Ram pickup truck. A collision center later estimated the cost of repair at $1,311.40. At trial, defendant testified, explaining he had wanted to go to jail. He had just been released from jail, he was on the street, and it was cold and rainy. “Unfortunately you can’t just knock on the door of the jail and say I’m ready to come back. I have to do something . . . .” A jury convicted defendant of…