Schwartz

An information charged defendant James A. Schwartz with arson of a structure and forest land (Pen. Code, §451, subd.(c)), arson of property of another (§ 451, subd. (d)), assault with a firearm (§ 245, subd. (a)(2)), and false imprisonment by violence (§§ 236 and 237).

The information further alleged Schwartz personally used a firearm within the meaning of section 12022.5, subdivision (a) and damage to the personal property exceeded $25,000 within the meaning of section 12022.6, subdivision (a).

A jury found Schwartz guilty on all counts and found all the allegations to be true. The court sentenced Schwartz to prison for nine years: six years for arson of a structure, a consecutive one-year sentence for assault with a firearm and a consecutive two-year sentence on the firearm enhancement. The court ordered concurrent sentences for arson of personal property and stayed the conviction for false imprisonment (§ 654.)

Schwartz appeals from the judgment entered on the jury verdicts contending there is insufficient evidence to support his convictions of arson to a structure and assault with a firearm. He also asserts that instructional and sentencing errors require reversal…