P. v. Crooks CA4/1
The day before Todd Crooks was scheduled to be evicted from his residential hotel room, he used a hammer and crowbar in a failed attempt to open the locked front door of his room. After his eviction, hotel management observed Crooks had "gutted" the interior of his rented room. Crooks was charged with two felonies: vandalism over $400 (Pen. Code, § 594, subds. (a), (b)(1)), and grand theft of personal property in excess of $950 (§ 487, subd.(a)). Following a bench trial, the court found Crooks guilty of vandalism, but not guilty of theft. The court denied Crooks's motion to treat the vandalism conviction as a misdemeanor, and sentenced him to serve three years of formal probation and 365 days in local custody. As a condition of probation, the court ordered Crooks to pay restitution of $5,175.43 to the hotel owner.
On appeal, Crooks challenges the restitution condition because it purportedly includes amounts attributable to the theft count of which he was acquit
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