California Court of Appeal

In a prosecution for various arson-related offenses, the trial court is directed to modify the judgment to stay execution of the sentence on the vandalism conviction because it arose from the same course of conduct as the conviction for arson causing great bodily injury, but the conviction and sentence otherwise are affirmed, where: 1) the trial court did not prejudicially err by omitting a jury instruction on aiding and abetting for the arson count; 2) injuries to an accomplice are not excluded from the offense of arson causing great bodily injury; 3) a sentencing enhancement was proper; 4) the trial court properly instructed the jury on the vandalism count; 5) constitutional challenges were without merit; and 6) the trial court did not rely on an element of the crime to impose an upper term sentence.

Appellate Information

• Decided 04/12/2012
• Published 04/12/2012

Judges

• Irion

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Patrick Morgan Ford, Lilia E. Garcia