SAN FRANCISCO — During a preliminary hearing on Tuesday, July 23, 2025, in San Francisco Superior Court, Judge Thomas M. Anderson presided over a case involving a man accused of breaking the lock on an unoccupied, vacant home, leading to two charges including Penal Code section 594(b)(1), a felony charge related to vandalism, and Penal Code section 494(b)(1), a second misdemeanor count stemming from the same incident.
Deputy Public Defender Maria Avalos Cruz filed a PC §17(b) motion for the felony charge, as it was a “wobbler” offense, meaning that it could be classified as either a felony or reduced to a misdemeanor by the judge’s discretion.
She further stated that the accused did not take anything from the property, simply went up to the unoccupied residence, broke the lock, and went back into his car.
Deputy District Attorney Zain Qazi argued that the accused also had prior convictions in 2022 as well as 2023.
In response, Avalos Cruz emphasized that the accused was actively working to improve his circumstances since those prior convictions, as he now had permanent housing, was getting mental health support, and working toward getting a monthly income.
Additionally, the accused was a former Army veteran and a current caretaker for his disabled partner, her children, and his own children.
Qazi proposed that the accused plead no contest to the charges in exchange for the reduction of the felony charge to a misdemeanor.
Avalos Cruz and the accused accepted, and Judge Anderson approved the 17(b) motion.
Judge Anderson sentenced the accused to one year probation, with 13 days in county jail.
Avalos Cruz requested that Judge Anderson waive all fees and fines, citing the Duenas fines and fees law, which all sides agreed to, taking into consideration his position as a caretaker.
Judge Anderson concluded by excusing the seven days in custody which the accused had.
