People v. Battle CA5

INTRODUCTION

Appellant Michael Battle challenges his convictions for arson of property of another and misdemeanor tampering with a fire alarm apparatus on the grounds of instructional error. He also challenges his sentence, contending the trial court improperly punished him for opting to go to trial instead of accepting a plea. We find no merit in either of his contentions and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Trial Testimony On November 11, 2012, Nicole Navarro lived in an apartment with her two children. That morning she heard a loud knocking at her door. When Navarro did not answer, she heard a loud noise and saw Battle was inside her apartment. Battle asked Navarro who was in the apartment. Navarro ran into her children’s bedroom and shut the door, but Battle pushed it open. Navarro and her children ran out of their apartment and over to her mother’s nearby apartment. Navarro stayed at her mother’s apartment for no more than 30 minutes and then returned to her own apartment, accompanied by her mother. She saw Battle running down the stairs from her apartment saying, “ha, ha, ha, you bitches.” Navarro ran after Battle, but he entered a waiting car and drove…