P.

P. v. Fisher CA3

Good Law
Court of Appeal of CaliforniaMay 1, 2013C068360California1,243 words

Opinion

Opinion

BACKGROUND

Defendant was charged with felony vandalism. (§ 594, subd. (a).) The complaint specifically alleged defendant had defaced Alana Davey’s vehicle, “the amount of said damage being over $400.” In August 2010, defendant was standing next to a 2007 Honda Civic, scratching paint off the trunk with sandpaper. He whistled to get Lassen County Sheriff’s Deputy Matthew MacFarland’s attention. MacFarland came over, examined the car and noted the damage to the trunk lid. Defendant acknowledged the car was not his and MacFarland arrested him for vandalism. Alana Davey, the owner of the car, took it to Bear’s Repair for an estimate and repairs. Michael Moser, the owner of Bear’s Repair, estimated the repairs would cost $810.53. The insurance company adjuster estimated the necessary repairs at $451.81. This estimate did not include all of the repairs Moser suggested. Moser made the $810.53 in repairs to the car and the insurance company covered $451.81 of the repairs. At the time of the offense, defendant was new to the area and had no place to stay. He intentionally sanded the paint off the car and summoned the police, as a “self-imposed arrest.” He hoped by going to jail, he would…

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