People v. Mansfield CA2/8

Filed 11/30/23 P. v. Mansfield CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B320480

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA101586) v.

MILAN AMADOR MANSFIELD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Kathryn A. Solorzano, Judge. Affirmed. William G. Holzer, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Wyatt E. Bloomfield and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent. _____________________________

Appellant Milan Mansfield appeals from the trial court’s order requiring him to pay $6,802.52 in restitution to Venice Arts Council for vandalizing a mural. We hold that the trial court did not abuse its discretion because the restitution order was supported by sufficient evidence. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On November 1, 2019, the Los Angeles County District Attorney’s Office filed a complaint against Mansfield for felony vandalism under Penal Code section 594, subdivision (a), in counts 1 through 3 for causing over $400 in damage by graffiti. The complaint also alleges misdemeanor vandalism in counts 4 through 6 for causing over $400 in damage by graffiti. On January 2, 2020, Mansfield pled no contest to count 1 for “unlawfully and maliciously defac[ing] with graffiti” Daniel Rosen’s property. The court dismissed the remaining counts conditioned on Mansfield agreeing that he would be punished for crimes he was not convicted of, a waiver of his rights under People v. Harvey (1979) 25 Cal.3d 754. As such, Mansfield agreed to pay restitution for the dismissed counts. Mansfield’s Harvey waiver for count 2 established at minimum that on or about May 3, 2019, he unlawfully and maliciously defaced property belonging to Alejandra Amaya and Emily Winters. On October 1, 2021, the trial court held a restitution hearing. The prosecution called Winters, a member of Venice Arts Council, to testify. Winters testified that in 1990, she painted a mural entitled the Endangered Species Mural on a building located at 801 Ocean Front Walk, Venice, California. She further testified that the mural was repaired and repainted on or around June 21, 2019 to remove graffiti. Prior to that, the mural was repainted only once in 2006. Graffiti had accumulated on the mural’s lower section over two to three years. The word