This section contains the nature of the case and procedural background.

While driving her silver Corvette, D was seen near a residence where her husband was visiting another woman. D could not gain entry to the building and drove away. Eventually, she got a bottle of beer. Later, a car like hers was again seen in the vicinity of where her husband was visiting. The driver tossed a bottle of beer from the Corvette into the Mercedes Benz parked by her husband. The bottle broke the rear window of the Mercedes. D was arrested. D claimed she could not vandalize her own property as the car was community property. D was convicted. D appealed.

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