People v. Smith CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On May 2, 2023, the Santa Clara County District Attorney’s Office filed a first amended consolidated information charging Smith with one felony count of arson (Pen. Code,1 § 451, subd. (d); count 1), one felony count of use of an explosive device with intent to injure (§ 18740; count 2), and two felony counts of assault with a deadly weapon (§ 245, subd. (a)(1); counts 3, 4). At the conclusion of the trial, the jury found Smith guilty on all counts. The trial court sentenced Smith to a total term of two years and eight months, consisting of the lower term of two years on count 3 (assault with a deadly weapon), a consecutive term of eight months (one-third the middle term of two years) on count 1 (arson), and a concurrent lower term of two years on count 4 (assault with a deadly weapon). On count 2 (use of an explosive device with intent to injure), the court imposed the lower term of three years but stayed that punishment pursuant to section 654. The court awarded 732 days of credit (366 custody credits plus 366 conduct credits pursuant to section 4019) on counts 3 and 4, and 473 days of credit (237 custody credits…