People v. Paz CA1/1

DISCUSSION

In August 2013, the Napa County District Attorney filed a criminal complaint against defendant, alleging one felony count of unlawfully and maliciously setting fire to 1 All further statutory references are to the Penal code unless otherwise indicated. 1 a structure and forest land (§ 451, subd. (c)) and one felony count of unlawfully and recklessly causing a fire to a structure or forest (§ 452, subd. (c)). It was further alleged defendant had suffered a prior “strike” conviction (§ 667, subds. (b)–(i)) and a prior serious felony (§ 667, subd. (a)(1)). At the preliminary hearing, Deputy Sheriff Jon Thompson testified he received a call of a suspected arson fire and an individual fleeing the area. As he approached the area of the fire in his patrol car, he saw defendant carrying a backpack and walking up an embankment toward the roadway. He estimated he was, at that point, about 1,000 to 2,000 yards from the field that was on fire. He ordered defendant to the ground and handcuffed him. Defendant was speaking rapidly and somewhat incoherently about having lighter fluid that was flame retardant, “believing in his name” so “he would not try to blow up the world,” and…