Royal

Discussion. 1 In the unpublished portion of this opinion (part C.3.), we conclude

that the trial judge’s response to a jury question, to which defense counsel did not object, could not in any event have prejudiced defendant.

FACTUAL AND PROCEDURAL BACKGROUND

Around 3:00 a.m. on July 28, 2018, Kevin Brown, a fire investigator with the Contra Costa County Fire Protection District, responded to a report of a structure fire on Camino Vinedo in Martinez. When he arrived at the scene, Brown found several fire trucks, crews fighting the fire, and a medic unit treating defendant for burn injuries. The fire involved the entire second story of defendant’s house; the roof had collapsed, and the walls were unstable. Brown spoke briefly with defendant, who told him he had been asleep in the second-floor bedroom and there was an explosion and fire everywhere. Defendant was wearing a t-shirt, shorts, socks, and laced up work boots, which Brown found odd given that defendant said he was asleep when the explosion occurred. Defendant sustained burn injuries to his right leg, his arms, and the right side of his face. A subsequent search of defendant’s house revealed items commonly used in the…