People v. Heard CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The People charged defendant with 37 felonies and a misdemeanor based on a series of 13 fires defendant started on the side of various roads in Tehama County. Pursuant to a negotiated plea, defendant pleaded guilty to two counts of arson of forest land. (§ 451, subd. (c).) Defendant admitted setting the first fire on October 10, 2022, and the second on October 13, 2022. Defendant admitted committing the first arson during a state of emergency. (§ 454.) Defendant also admitted he had previously been convicted of arson, which counted as a prior serious felony conviction under both section 667, subdivisions (b) through (i) (a prior “strike” conviction) and section 667, subdivision (a), and counted as a prior felony arson conviction under section 451.1, subdivision (a)(1).

2 At sentencing, defendant asked the trial court to dismiss the prior strike conviction; the five-year sentence enhancement for the prior serious felony conviction; the three-, four-, or five-year sentence enhancement for the prior arson conviction; and the finding that defendant committed the arson during a state of emergency, which defendant considered an enhancement. As…