Hooper
People v. Hooper
Opinion
Opinion
Hamlin, J.
Defendant Michael Hooper appeals from his conviction by jury of arson involving forest land. (Pen. Code, § 451, subd. (c)). He contends his conviction must be reversed because of instructional errors and prosecutorial misconduct during closing argument. We reject defendant’s contentions and affirm the judgment.
Facts
Fourteen-year-old Glen D. (hereafter Glen) was acquainted with defendant and was with defendant on various occasions during the weekend of Friday, October 21, to Monday, October 24, 1983. Late Friday evening or early on Saturday morning, Glen accompanied defendant and three other youths to Boron High School. While Glen and defendant remained in defendant’s dirty black car with no hood, the others left the car and stole some fire extinguishers and first-aid kits from the schoolbuses, placing them in the trunk of defendant’s car.
On Sunday, defendant went to Glen’s house and asked Glen to help him get rid of some stuff. The two of them then drove out to the desert, stopping at an area which sheltered wildlife and which was covered with sagebrush, yucca trees, cactus and grass. Shortly thereafter a fire started, the cause of which was the subject of…