P. v. Mendoza CA2/8
Defendant and appellant Oscar Ryan Mendoza appeals from his conviction by jury on one count of felony vandalism. (Pen. Code, § 594, subd. (a); count 2.) The jury acquitted defendant of arson of personal property (§ 451, subd. (d); count 1). After a bench trial, the court found true the allegation that defendant had suffered a prior conviction for a serious or violent felony. The charges arose from an incident in May 2020 in which defendant used a baseball bat to repeatedly strike a car belonging to Marvin Marroquin, and allegedly attempted to set the car on fire.
At sentencing, defendant made an oral motion to strike his prior strike conviction which the court denied. The court imposed a six-year prison term, selecting the upper term of three years which was then doubled due to the prior strike. Defendant was awarded 644 days of presentence custody credits. Defendant appealed.
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