People v. Sims CA3

FACTS

In May and July 2022, a total of four fires were intentionally ignited by a butane lighter or torch. At least two of these fires were on or near defendant’s property. At the time of the fires, defendant was on probation and wore a global positioning system (GPS) ankle monitor. That monitor’s data history indicated she was in cl ose proximity to each of the fires when they were started. When defendant was arrested, several lighters were found in her home, and she had a butane lighter in her hand.

DISCUSSION

It is misconduct for a prosecutor to ask during voir dire “any question that, as its dominant purpose, attempts to precondition the prospective jurors to a particular result or indoctrinate the jury.” (Code Civ. Proc., § 223, subd. (b)(3), italics added; see People v. Hoyt (2020) 8 Cal.5th 892, 915.) Reversal based on the prosecutor’s comments to the jury is not automatic; defendant bears the burden to first show “a reasonable likelihood the jury understood or applied the complained-of comments in an improper or erroneous manner.” (People v. Gamache (2010) 48 Cal.4th 347, 371; People v. Castillo (2008) 168 Cal.App.4th 364, 386 [applying the standard during voir dire].)…