People v. Bartholomew CA4/1

INTRODUCTION

A jury convicted Doreen Louise Bartholomew of arson of an inhabited structure

(Pen. Code § 451, subd. (b); count 1)1 and animal cruelty (§ 597, subd. (a); count 4). The

court sentenced Bartholomew to the midterm of five years in prison on count 1 and the

midterm of two years on count 4 to be served concurrently.

Bartholomew contends there was insufficient evidence to establish (1) the

mobilehome was a structure under section 450, subdivision (b), because the prosecution

did not prove the mobilehome was fixed to a particular location, and (2) Bartholomew

possessed specific intent to kill the dog because she did not want the dog to burn or die

when she set fire to the mobilehome. Bartholomew also contends her sentence for count

4 should have been stayed under section 654 because both of the convictions for counts 1

and 4 were based on a single act. We modify the judgment to stay the sentence on count

4, and we otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Bartholomew suffered multiple seizures and strokes over several years, limiting

her ability to process verbal communication, express her thoughts, and care for herself.

When it became…