Supreme Court of California

In a case in which defendant's conviction of violating Penal Code section 451(b), which proscribes arson of "an inhabited structure or inhabited property," was vacated and dismissed by the Court of Appeal, the lower court decision is reversed where, under these circumstances in which the jury was instructed of arson of property as a lesser included offense but the prosecution never charged defendant with this offense, the lesser offense of arson of property was prosecuted in a single proceeding along with the section 451(b), charge and, accordingly section 654 does not prohibit retrying defendant for that lesser offense.

Appellate Information

• Decided 10/15/2015
• Published 10/15/2015

Judges

• CHIN

Court

• Supreme Court of California

Counsel