P.

P. v. Vanderdorp CA2/5

Good Law
Court of Appeal of CaliforniaApril 29, 2013B240117California3,669 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

A jury convicted defendant and appellant Juan Vanderdorp of vandalism causing damage over $400 (Pen. Code, § 594, subd. (a)) and misdemeanor hit and run driving (Veh. Code, § 20002, subd. (a)). The trial court placed defendant on formal probation for a period of three years under various terms and conditions. Following a contested restitution hearing, the trial court ordered defendant to pay Talysa Wager $1,400 and Rupert Ouane $2,000. On appeal, defendant contends that the trial court erred in excluding evidence that his victim previously attacked him, in denying his request for an instruction on the defense of necessity, and in awarding Wager $1,400 in restitution. We affirm the judgment.

BACKGROUND

People’s Case Wager lived in and operated a hair salon in a converted garage. Defendant operated a clothing store across the street. Wager met defendant when she applied for a job at his clothing store. As of January 2011, Wager had known defendant for about four months and saw him almost every day. They never had a romantic relationship. Wager allowed defendant to park his van in her driveway on occasion. About 10:30 p.m. on January 16, 2011, Alejandro Lucas picked…

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