Fry

Statement of the Case

Defendant Wade William Fry appeals from a judgment entered after a court trial in which he was found guilty of arson of a structure and four counts of arson of a vehicle. (Pen. Code, § 451, subds. (c) and (d).) The court imposed the four-year midterm sentence for arson of a structure and concurrent two-year midterm sentences for the other arson offenses. The court suspended execution of the sentence and placed defendant on probation for five years on condition that he spend one year in the county jail, crediting him with one hundred and fifteen days in custody. The court then stayed imposition of the jail time pending defendant’s successful completion of a residential treatment program.

On appeal, defendant claims there is insufficient evidence to support a conviction for arson of a structure. He also claims the court violated Penal Code section 654 in sentencing him for both arson of a structure and arson of the vehicle that was inside the structure and miscalculated the amount of custody credit to which he was entitled. We conclude that defendant was properly convicted of arson of a structure. However, we agree that the court erred at sentencing…