P. v. Fisher
Defendant Timothy Fisher appeals his conviction for felony vandalism and the state prison sentence imposed for that conviction. He contends the trial court did not preserve a record adequate for appellate review, in that the record does not contain the written jury instructions. Next, he contends the trial court committed reversible error in failing to instruct the jury that felony vandalism requires damage of over $400. Even assuming the court erred in the instructions given, on the evidentiary record before us, we find the instructional error harmless under Chapman v. California (1967) 386 U.S. 18, 24 [17 L.Ed.2d 705]. With regard to his sentence, defendant contends, under the principles of equal protection, the October 1, 2011, amendments to Penal Code section 1170 must be given retroactive effect, and accordingly he must be sentenced to county jail rather than state prison.[1] Based on our decision in People v. Lynch (2012) 209 Cal.App.4th 353, we reject this contention as well.
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