Andrade

Devon Ray Andrade appeals his conviction by jury trial of arson of a structure with use of a device designed to accelerate a fire (Pen. §§ 451, subd. (c), 451.1, subd. (a)(5)) (count 1); two counts of second degree burglary (§ 459) (counts 2, 8); two counts of possession of flammable or combustible material (§453, subd. (a)) (counts 3, 7); misdemeanor vandalism (§ 594, subd. (a)) (count 4); attempted arson (§ 455) (count 5); arson of property (§451, subd. (d)) (count 6); assault with a deadly weapon (§ 245, subd. (a)(1)) (count 9); and making a terrorist threat (§ 422) (count 13). He raises claims of instructional, evidentiary, and sentencing error, and insufficiency of the evidence. He also argues that interruption of the trial for competency proceedings violated his rights to due process, fair trial, and the expeditious disposition of his case.

Background

Counts 1-4: The Offenses at Impostors

At approximately 2:30 a.m. on November 29, 1997, defendant smashed the glass front door of and entered Impostors, a jewelry store located on the ground floor of a semi-high-rise building on Geary Street in San Francisco. According to eyewitness Victor Zacea, once inside the…