People v. Joseph CA2/2

BACKGROUND

Procedural history Defendant was charged with one count of arson in violation of Penal Code section 451, subdivision (d).3 A jury convicted him as charged. On January 29, 2013, the trial court denied probation and sentenced defendant to the low term of 16 months in prison. Defendant was given 442 days of presentence custody credit, comprised of 221 actual days in custody, plus 221 conduct credits. The trial court ordered defendant to pay mandatory fines and fees, to pay restitution, and to provide a DNA sample and print impressions. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence On the evening of June 23, 2012, Kassra Azimi was trying to sleep when he heard someone yelling outside. Azimi looked out the window, saw a person on top of an abandoned city building across the street yelling “I didn’t do it” and something about Jesus and not being a racist. When Azimi went outside he saw smoke, firelight, and a man moving about on the roof between some branches and the firelight. The man appeared to be either throwing the branches into the fire or using them to fan the fire. Azimi was not certain. After five or 10 minutes, Azimi’s roommate…