People v. Cross CA5
Opinion
Opinion
INTRODUCTION
Appellant and defendant Jerome Lee Cross was convicted of one count of felony vandalism exceeding $400, after he threw a rock and shattered the front glass door of the Hanford Police Department. (Pen. Code, § 594, subd. (b)(1).)1 Vandalism is a felony if the amount of the damages is $400 or more. (Ibid.) At trial, the court overruled defense objections and permitted the prosecution to introduce evidence that the damages were $598, based on $300 to temporarily board up the shattered glass door a few hours after the vandalism, and $298 for the replacement safety glass that was installed three days later. The jury found the damages resulting from defendant’s vandalism was $400 or more, and he was sentenced to the second strike term of four years in prison. On appeal, defendant renews the arguments he made at trial, that the actual damage resulting from the vandalism of the glass door was limited to the replacement cost of $298, and the temporary repair of $300 was an indirect cost and should not have been considered by the jury, and his conviction must be reduced to misdemeanor vandalism. We affirm.