Alberts

Carole Lynne Alberts was convicted in a court trial of two counts of attempted arson of an inhabited structure (Pen. Code, §§ 664, 451, subd. (b), counts I and II,) and making a terrorist threat (Pen. Code, § 422, count III). She meritoriously contends that she was improperly charged and sentenced pursuant to the general attempt statute, i.e., section 664 as opposed to the specific attempt statute for attempted arson, section 455.

Appellant worked at a McDonald’s restaurant in Simi Valley. On March 16, 1993, Suzanne Schaefer, the assistant manager at McDonald’s, terminated appellant’s employment. That evening Schaefer found a threatening note stuck into her car seat with a knife. Later that evening, Schaefer saw appellant leaving her driveway and discovered broken eggs on the porch of her house.

The next morning, a wooden gate at Schaefer’s residence was set on fire. The fire was extinguished. That evening, Schaefer saw appellant climbing over her back fence. Then Schaefer saw a flaming blanket next to the back of her house. That fire was also extinguished.

Appellant denied being angry at her termination from McDonald’s and denied having committed any of the…