People v. Fort CA1/1

I. BACKGROUND

The underlying facts are discussed in detail in this court’s prior opinion, People v. Fort (April 18, 2017, A147033) [nonpub. opn.] (Fort I). As recounted in that opinion, in 2012, L.A. lived in a townhouse with her daughter and her mother. Fort was living there temporarily. Fort and L.A. had an argument one evening which resulted in them pushing each other and falling over each other. The police were called, who told Fort to leave. As Fort was taken off the premises, he said, “ ‘I know how to get back at you.’ ” (Ibid.) Shortly after, L.A. heard something on her patio and found a rock on the patio, damage to the railing, and Fort in the driveway. The police were called again and they arrested Fort. L.A. left to spend the night at her brother’s house. The next day, while heavily intoxicated, Fort set a fire inside the living room of L.A.’s townhouse, which included using a bottle of lighter fluid. The carpet around the bottle of lighter fluid had been set on fire as well as a credenza against one of the walls. In 2013, Fort was charged by amended information with three felonies—residential burglary (§ 459), arson of an inhabited structure with an enhancement alleged…