People v. Nicholas Y.

Opinion

EPSTEIN, Acting P. J.

Appellant Nicholas Y. appeals from orders of the juvenile court finding that he vandalized property belonging to the AMC theater, declaring him a ward of the court pursuant to Welfare and Institutions Code section 602, and placing him home on probation. He contends the evidence was insufficient to prove he violated Penal Code section 594 (vandalism). In the published part of this opinion we hold that writing on the glass window of a projection booth of a motion picture theater constituted defacing, and hence vandalism within the meaning of the statute. Appellant also contends the juvenile court abused its discretion in denying his request to place him on probation pursuant to Welfare and Institutions Code section 725 without declaring him a ward of the court. For reasons explained in the unpublished portion of this opinion, we find no error and affirm the juvenile court’s orders.

Factual Summary

The evidence, briefly stated in the light most favorable to the judgment, proved that in the early morning hours of February 11, 2000, appellant wrote on a glass window of a projection booth at an AMC theater with a Sharpie marker. After his arrest, appellant admitted to police that he had written “RTK” on the window. Police saw “approximately 30 incidents” in red

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magic marker throughout the theater, including the one on the glass. Appellant said the initials stood for “The Right to Crime.”

At the close of the prosecution’s case, appellant’s counsel argued that no defacing of or damage to property had been proved, stating: “[i]t’s a piece of glass with a marker on it. You take a rag and wipe it off. End of case. It’s ridiculous.” The prosecutor countered that appellant trespassed and left fresh marks on the window, thus defacing the window with graffiti. The court found that appellant violated Penal Code section 594, subdivision (a), a misdemeanor.

Discussion

I

Penal Code section 594 provides, in relevant part: “(a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: HQ (1) Defaces with graffiti or other inscribed material, ffl] (2) Damages, [f] (3) Destroys. HD . . . [f] (4)(A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail for not more than six months, or by a fine of not more than one thousand dollars ($1,000) or by both that fine and imprisonment. HQ . . . [ffl (e) As used in this section the term ‘graffiti or other inscribed material’ includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.”