People v. Gribaldo CA1/3

Filed 2/6/25 P. v. Gribaldo CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169635 v. (Mendocino County RAYMOND CHASE GRIBALDO, Super. Ct. No. 23CR01393) Defendant and Appellant.

A jury convicted Raymond Chase Gribaldo of cemetery vandalism, a felony. The trial court suspended imposition of sentence, and it ordered him to spend 24 months on formal probation and 60 days in county jail. On appeal, Gribaldo argues the court prejudicially erred by failing to instruct the jury on simple vandalism and petty theft as lesser included misdemeanors. We disagree and affirm. BACKGROUND Gribaldo and B.K. were friends, but they had a falling out in June 2023. In mid-June, he contacted B.K. via Facebook and sent her three videos, which were played for the jury. The first video depicts him in a cemetery, apparently urinating on the grave of B.K.’s mother and on her “headstone.” He added text to the video: “That nigga don’t wanna fade so ask her mom if she likes the golden shower.” Another video shows the headstone on a car seat, and the added text reads: “Got her head stone too.” The third video

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depicts him in his backyard, standing on top of the headstone. After B.K. reported the videos to law enforcement, a sheriff’s deputy spoke with her, watched the videos, and went to the cemetery, where he found the headstone “broken into several pieces” with an embedded plaque detached. The deputy arrested Gribaldo, who admitted he “pissed on [B.K.’s] mom’s grave and I–I stole her mom’s . . . [g]ravestone.” When asked how the headstone was broken, he said, “probably me throwing it back over there on to [the grave].” He also admitted to filming himself and placing the videos on Facebook to make sure B.K. saw them. The district attorney charged Gribaldo with cemetery vandalism. (Pen. Code, § 594.35, subd. (a) (section 594.35(a)); undesignated statutory references are to this code.) The information alleged he “did unlawfully and maliciously destroy, cut, mutilate, efface and otherwise injure, tear down and remove a tomb, monument, memorial, and marker in a cemetery, and a gate, door, fence, wall, post and railing, and any inclosure for the protection of a cemetery and mortuary and any property in a cemetery and mortuary, to wit: headstone of [B.K.’s mother].” At trial, video and photo exhibits depicted the headstone before and after Gribaldo “desecrated” it. It was heart-shaped and made of cement-like material; measured approximately 18 inches across; and embedded in it was a plaque bearing the deceased’s face, name, years of birth and death, and an inscription reading, “beautiful now and forever.” (Capitalization omitted.) B.K. testified the headstone was homemade because the family “couldn’t afford an actual headstone” and — although her mother died in December