Patron with Honors
I am not sure this case hinges on whether the acts took place on private or public property. The applicable statute appears to be California Penal Code, Sec. 594-625c which criminalizes "malicious mischief". The defendant must act with 'malice', i.e., the conduct must be intentional or reckless. The damaged property must belong to a person other than the defendant-in this case the municipality. In this case, the state would have to prove that AGP maliciously 'damaged' or 'destroyed' pansies that did not belong to him.
If the act occurred on public property, the Co$ would not be 'victims' and have no say in the proceedings. Hopefully the prosecutor will use that fact to as an excuse to tell the $cions to fuck off. If the 'irate victim' can be legally ignored, there will be far less resistance to dumping this piece of shit case.
There is no such thing as a 'slam dunk' appeal. If the prosecutors can sell this case to a judge and jury and obtain a conviction, the chances of it being overturned on appeal are about 20-30% at best. AGP and Anon Orange want to win at trial; the state cannot appeal an acquittal.
I looked at the statute. He could very well be cooked. What he did was brainless. The only way the church has a dog in the fight is if they have an encroachment permit. If not the case may just go away.
You're right, most appeals are denied. Unless there are grounds. If Pope is convicted and there are no grounds for appeal, he can enjoy his felony.
I'm not defending him or his actions.
Believe me, I know how the law works. Which is usually 90 degrees out from the way people THINK or WISH it worked. The law is not your friend. It is no one's friend. I slap my forehead over many of the anon antics. The church sucks them right into bad legal situations. I just enjoy a little shithouse lawyering now and then.