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The People v. Jason Raymond Brannigan

May 22, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JASON RAYMOND BRANNIGAN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F06130)

The opinion of the court was delivered by: Mauro , J.

P. v. Brannigan CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jason Raymond Brannigan was convicted of, among other things, corporal injury to a cohabitant, making criminal threats, false imprisonment, and vandalism with damage over $400.

On appeal, defendant contends (1) the vandalism conviction is not supported by substantial evidence, (2) the $200 court security fee should be reduced to $40, and (3) the abstract of judgment should be corrected to reflect that the trial court imposed the middle term on count six (making criminal threats). The Attorney General agrees that the abstract of judgment should be corrected.

We conclude (1) substantial evidence supports the vandalism conviction, (2) the trial court did not err in imposing the court security fee, and (3) the abstract of judgment should be corrected.

We will affirm the judgment.

BACKGROUND

Our summary of the background is limited to the circumstances relevant to defendant's contentions on appeal.

Defendant began to abuse the victim (his girlfriend) a month after he moved in with her and her children. One day in mid-June 2009 they were running errands in her car. Defendant was upset because she talked to another man and became enraged when she would not stop crying. He called her a whore, socked her in the jaw and punched the inside roof of the car, ripping the head liner and popping the sunroof out of its seal.

On the way home, defendant "kept driving crazy." He was "weaving in and out of traffic" and driving at excessive speeds. When defendant turned a corner, the victim heard her car make a "clicking sound" for the first time. After that day, she heard the same clicking sound whenever she drove the car and turned a corner. The car was hard to drive, and it shook on one side when she reached a certain speed.

When the victim took her car in for repair a month or so later, the mechanic told her the "CV joint was busted." The repair cost more than $500.

Among other things, the jury found defendant guilty of willful infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a) -- count one),*fn1 making criminal threats (§ 422 -- counts two and six), false imprisonment (§ 236 -- count three), and vandalism with damage over $400 (§ 594, subd. (b)(1) -- count seven). The trial court sentenced defendant to 18 years 8 months in prison, imposed various fines and fees including a ...


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