Erving

Rhonda Denise Erving was convicted by jury, of four counts of arson (Pen. Code, § 451, subd. (d)) and three counts of attempt to bum (Pen. Code, § 455). She was sentenced to state prison for a total term of six years.

The trial court admitted evidence that, during her childhood in the 1960’s, and during the years 1990 to 1995, 40 additional fires occurred in neighborhoods where appellant lived. It reasoned the uncharged fires were admissible under Evidence Code section 1101, subdivision (b) to prove, among other disputed facts, the identity and intent of the arsonist. Appellant contends these fires were not sufficiently similar to each other or to the charged fires to demonstrate either fact. She further argues the uncharged fires should have been excluded because there is no evidence she set them, and because their prejudicial effect substantially outweighs their probative value. We affirm.

The Charged Fires

On August 4, 1995, appellant lived in a triplex at 5th Street and South H Street in Central Oxnard. Between 4 and 4:15 that morning, Rafael and Concepcion Davalos, who live nearby on South H Street, were awakened by their dogs’ barking. Mr. Davalos went outside…