Lopez

Juan Lopez (Lopez) appeals following his conviction by jury of arson of an inhabited structure in violation of Penal Code section 451, subdivision (b). On this appeal Lopez asserts the trial judge committed prejudicial error in (1) excusing a juror for cause, (2) failing to instruct the jury properly on the appropriate mental state required for conviction, and (3) failing to instruct the jury as to the elements of a lesser included offense. We affirm.

Facts

There is no challenge as to the sufficiency of the evidence received below in support of the verdict. Briefly, Lopez, his wife, and his mother were living in the Calexico Mobile Home Park in a trailer which belonged to Mrs. Lopez. Lopez and his wife became engaged in a domestic dispute.

The fight with his wife resulted in Lopez’s firing various rifles and shotguns into the air after midnight. Mrs. Lopez fled to a neighbor’s home. The police arrived and confiscated the weapons. Because the trailers in the park are only about 10 feet apart, neighbors of Lopez who were unsettled by the gunfire did not go back to sleep, but remained awake after the police had gone.

One neighbor, Alvin Franklin, saw Lopez bring his…