In re David R.

The juvenile court adjudicated David R. (the minor) a ward of the court after it determined he committed arson (Pen. Code, § 451, subd. (c)) and resisted a police officer (§ 148). The court placed the minor on probation and ordered him to register pursuant to section 457.1.

On appeal, the minor contends there is insufficient evidence of malice to support an arson finding. He also argues the arson registration requirement does not apply to him because he was not committed to the Division of Juvenile Facilities (DJF).

In the unpublished portion of the opinion, we conclude sufficient evidence supports a finding of arson in violation of section 451, subdivision (c). In the published portion of the opinion, we conclude the court erred by requiring the minor to register as an arson offender pursuant to section 457.1 because he was not committed to, or paroled from, what was formerly known as the Department of Youth Authority or California Youth Authority (now the DJF). We therefore strike the section 457.1 registration requirement.

FACTUAL AND PROCEDURAL BACKGROUND

Crescent City Police Sergeant Erik Apperson went to the Masonic Lodge (lodge or building) and saw it was on…