People v. Shiga

Defendant was convicted of aggravated arson, arson of a structure, arson of an inhabited structure, possession of flammable material, and second degree burglary arising from the 2011 burning down of St. John Vianney Catholic Church in Hacienda Heights.In the published portion of the opinion, the Court of Appeal held that the crimes of arson of an inhabited structure and arson of a structure under Penal Code section 451, subdivisions (b) and (c), respectively, are forms of the same offense of simple arson. Therefore, defendant was erroneously convicted of both crimes and the court reversed his convictions on counts 2 and 5. The court remanded for the People to elect on which count they want to proceed. Finally, the court held that defendant can commit aggravated arson without necessarily committing arson, whether of a structure or an inhabited structure. View "People v. Shiga" on Justia Law