People v. Hawkins CA4/1

Filed 11/28/23 P. v. Hawkins CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081900

Plaintiff and Respondent,

v. (Super. Ct. No. SCD296301)

CHRISTOPHER TODD HAWKINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Theodore M. Weather, Judge. Affirmed. James R. Bostwick, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Evan Stele, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Christopher Todd Hawkins of one count of vandalism

causing more than $400 of damage (Pen. Code,1 § 594, subd. (a)(b)(1)), one count of vandalism causing less than $400 of damage (§ 594, subd. (a)(b)(2)(A)), and one count of possession of paraphernalia used to ingest narcotics (Health & Saf. Code, § 11364). The jury acquitted Hawkins of one additional count of vandalism causing more than $400 of damage (§ 594, subd. (a)(b)(1)) and could not come to a verdict on one count of burglary (§ 459). Hawkins was sentenced to a total term of four years in state prison. On appeal, Hawkins contends the trial court erred in refusing to give a requested pinpoint jury instruction as to the possession of drug paraphernalia count, which would have stated that possession of a device for smoking a non-controlled substance is not a crime. He also asserts that there is a clerical error in the minutes of the sentencing hearing. We find no error and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On April 7, 2022, staff at a hotel on University Avenue told Hawkins to leave, as he was not a guest of the hotel. Hawkins broke a room plate, broke the glass door to a fire extinguisher, and took the fire extinguisher pin and fire marshal tag. There was conflicting testimony as to whether Hawkins also disconnected electrical power to some of the rooms. Hotel staff called 9-1-1. A responding officer found Hawkins sitting on the ground. Hawkins refused to identify himself. The officer searched Hawkins and found a bag containing a fire extinguisher pin, state fire marshal tag, and a bulbous glass pipe “commonly associated with methamphetamine.” During the search, the glass pipe fell and broke. There was a burnt substance in the pipe, consistent with