People v. Lee

Here we hold that arson of an inhabited structure or property (Pen. Code, § 451 , subd. (b)) 1 is a general intent crime.

Paul Hyun Lee appeals from a judgment, following court trial, of one count of arson of an inhabited structure or property (§ 451 , subd. (b)) and one count of arson of property of another (§ 451 , subd. (d)). He asserts that the trial court erred in holding that arson of a structure under section 451 is a general intent crime. [[/]] * We affirm the judgment.

The criminal proceedings were suspended at one point when the court declared appellant incompetent under section 1368. When appellant was returned to court, proceedings were instituted to appoint the public guardian for him. The county fire department investigator testified at the preliminary hearing that he found at least three distinct intentional fires set; one inside the entry door, two in a bedroom, and a possible fourth on the seat of a chair. There was fire damage to the front door and to some drywall, to the curtains, and to the carpet in the bedroom.

Appellant's counsel moved the court in limine to instruct that the arson was a specific intent crime and to allow defense counsel to introduce…