California Court of Appeal

Defendant's conviction for arson of an inhabited structure is reversed, where: 1) 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, because a motor home is not a structure; and 2) arson of property, the only other crime on which the trial court instructed the jury, is a lesser related, not a lesser included, offense to the charged crime so therefore, the judgment cannot be modified to reduce defendant's conviction to a lesser included crime.

Appellate Information

• Decided 01/14/2014
• Published 01/14/2014

Judges

• McKINSTER

Court

• California Court of Appeal

Counsel