People v. Sanchez CA5

INTRODUCTION

On June 4, 2012, appellant, Ernesto Rafael Sanchez, was charged in an information with a count of recklessly causing a fire of a structure or forest (Pen. Code, § 452, subd. (c)). On August 8, 2012, a jury was hopelessly deadlocked and could not reach a verdict. The trial court declared a mistrial and set the matter for a new trial. At the conclusion of the second jury trial on September 27, 2012, appellant was found guilty of recklessly causing a fire of a forest. On November 7, 2012, the trial court sentenced appellant on probation upon various terms and conditions, including that he serve 180 days in county jail. The court ordered a restitution fine of $500, $6,000 in attorney’s fees, and other fines and fees. The court deferred the issue of direct victim restitution. The court awarded appellant two days of custody credits. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).

FACTS

On June 27, 2009, Lauren Samantha Mark was at a campsite close to another campsite occupied by appellant. Lauren’s group spent some time with appellant and his group. Appellant consumed beer.…