Hightower

Certified for Partial Publication. [*]

Defendant Felix D. Hightower was convicted of the murder of his mother and of arson in connection with a fire that led to the discovery of her body. In a prior opinion we affirmed his conviction over his contention that the trial court erred by excusing a juror who professed a categorical disbelief that a son could murder his mother under the circumstances shown by the evidence. The Supreme Court granted review pending its decision in People v. Cleveland (2001) 25 Cal.4th 466 , 106 Cal. Rptr.2d 313 , 21 P.3d 1225 ( Cleveland ). The court has now retransferred this matter to us for consideration in light of that decision. We again conclude that no error appears, and that the conviction must be affirmed. We will, however, modify the sentence in accordance with another of defendant's arguments.

Shortly after 6:00 o'clock on the morning of Monday, September 3, 1990, a fire broke out in the apartment occupied by defendant and his mother, Mary Hightower. A neighbor, seven years old at the time of the fire, testified that he was awakened by sirens and looked out his window to see defendant running from the alley in front of the…