People v. Smith CA2/5

Filed 11/6/25 P. v. Smith CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B340544 Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. SA108631)

JOHNNY EARL SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William L. Sadler, Judge. Affirmed as modified.

Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Seth P. McCutcheon and Chelsea Zaragoza, Deputy Attorneys General, for Plaintiff and Respondent.

****** Johnny Earl Smith (defendant) argues that substantial evidence does not support his conviction for felony vandalism (Pen. Code, § 594). Because ample evidence supports the jury’s finding that he maliciously destroyed property, we affirm. However, we order that the abstract of judgment be corrected to reflect the sentence actually imposed. FACTS AND PROCEDURAL BACKGROUND I. Facts Just after 6 a.m. on the morning of July 27, 2023, defendant was released from Santa Monica jail and told he could retrieve his property from the Santa Monica Police Department’s property room. At that early hour, the Department was not yet open. Around 6:30 a.m., defendant started banging on the Department’s glass front door with his hand wrapped in clothing. Two officers grabbing a morning coffee approached defendant, explained that the property room would not open until 8 a.m., and urged him to be patient. He responded by calling them “‘faggots,’” “hurl[ing] profanity,” and “threaten[ing] to . . . smash more property.” One of the officers cautioned defendant against doing so, warning him it might result in him going to jail. After the officers left, defendant continued screaming and cussing. Just before 7 a.m., he picked up a “chunk of concrete” from a nearby damaged wall and threw it at the glass door. The door shattered. When officers came out to investigate, they found