People v. Helton CA5

FACTS

Section 402 Hearing The information alleged that appellant committed arson on May 29, 2013.1 The prosecutor brought a motion in limine seeking to admit evidence of appellant’s involvement in starting a fire 12 days earlier on May 17. The prosecutor sought to show that on both occasions, appellant was trying to harm Kim Arrington, he had the same intent to commit the charged offense, and the fires were set intentionally and not as the result of mistakes. The prosecutor argued this evidence was admissible under section 1101 and that it should not be excluded under section 352. At the section 402 hearing, Kimberly Arrington testified that a few weeks prior to the fire on May 17, appellant threw excrement and urine at her, her dog, her tent, and her belongings. Appellant then attacked Arrington with a rake and a footstool. During the attack, appellant threatened Arrington by saying, “‘I’ll bury you where you stay.’” Arrington complained to authorities, but the district attorney’s office did not prosecute the case and appellant was released from jail. On May 17, as Arrington was about to take a nap in her tent on the river between the Jaye Street and Main Street bridges in…