Labaer

A jury convicted Gary Lawrence Labaer of arson of a structure, arson of the property of another, two counts of battery upon a police officer, and resisting an executive officer. (Pen. Code, §§451, subds. (c) & (d), 243, subd. (b), 69.) The court sentenced Labaer to prison for four years on the arson of a structure count, and imposed a five-year probation term for the battery convictions. Labaer appeals.

In the published portion of the opinion, we conclude substantial evidence supported the jury’s implied finding that the subject matter of the fire, a stripped-down mobilehome, was a “structure” within the meaning of section 451, subdivision (c). In the unpublished portion, we hold the trial court erred when it ordered a five-year probation term on the misdemeanor battery convictions. We affirm the judgment, but remand for resentencing on the battery convictions.

Facts

Labaer owned a double-wide mobilehome that he kept at RV World, a storage facility. Although the storage contract did not allow him to do so, he frequently stayed in the mobilehome. After Labaer repeatedly failed to pay monthly storage fees, a court declared the mobilehome abandoned and permitted sale of…