California Court of Appeal

Conviction and sentence for arson of multiple inhabited structures is reversed based on insufficiency of the evidence, where: 1) because a mobile home is not a structure, the evidence that defendant set fire to his motor home does not support the jury's verdict finding defendant guilty of committing arson of an inhabited structure, and also does not support the jury’s true finding on the multiple structure enhancement; and 2) arson of property, the only other crime on which the trial court instructed the jury, is not a lesser included offense to the charged crime, and therefore, the judgment cannot be modified by reducing defendant's conviction to a lesser included crime, and the case must be dismissed.

Appellate Information

• Decided 04/30/2013
• Published 04/30/2013

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel