In re A.W.Annotate this Case
A.W. committed five counts of felony vandalism. The court declared minor a ward of the state and ordered him to serve 37 days in juvenile hall. The sole question on appeal was whether the evidence supported a finding that, for each count, “the amount of defacement, damage, or destruction [was] four hundred dollars ($400) or more,” as required to elevate the crime from a misdemeanor to a felony. The Court of Appeal determined the only competent testimony on that issue came from an employee of the City of Palmdale who helped prepare an analysis of the average cost to clean up an instance of graffiti. The Court determined: (1) use of an average, by itself, was not enough to prove beyond a reasonable doubt that the amount of damage inflicted by minor was equal to the average cleanup cost, rather than some other number; (2) the calculation included the cost of law enforcement, which, though proper in certain restitution settings, was not a proper consideration in assessing the damage minor inflicted under the applicable statute; and (3) Palmdale’s methodology for calculating the average cost is flawed. The Court reversed adjudication in part with direction to reduce the felony counts to misdemeanors.