Goolsby

The People v. Goolsby

Good Law
Court of Appeal of CaliforniaApril 30, 2013E052297ACalifornia2,429 words

Opinion

Opinion

FACTS

The facts are undisputed, and only a few are necessary for our resolution of the

issues defendant raises on appeal. Defendant and Kathleen Burley lived together in what

was one of several motor homes defendant owned and had parked on a vacant lot. On

November 28, 2009, defendant and Burley got into an argument. Sometime not long

after the argument, in which defendant and Burley each called the police on the other,

defendant used a vehicle to push an inoperable motor home next to the one in which he

and Burley were living and where Burley then was sleeping. Defendant used gasoline to

set the inoperable motor home on fire. After Burley got out with her dogs, the fire spread

to the motor home in which she had been sleeping. The fire destroyed both motor homes.

Additional facts will be recounted below as pertinent to the issues defendant raises

on appeal.

DISCUSSION

1.

THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE

JURY’S VERDICT FINDING DEFENDANT GUILTY OF

ARSON OF AN INHABITED STRUCTURE

Defendant contends, and we agree, that the evidence was insufficient to show that

the motor home in which he and Burley were then living was a structure. Therefore, the

3…

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