People v. Sanders CA1/1

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Charges Defendant was charged with one count of attempted arson (Pen. Code,1 § 451, subd. (d), 664) in an information filed July 7, 2014. In addition, the information alleged

1 All statutory references are to the Penal Code. one prior strike conviction (§§ 667, subds. (b)–(i), 1170.12), two other prior felony convictions (§ 1203, subd. (e)(4)), and a prior prison term (§ 667.5, subd. (b)). Trial of the sentence enhancement allegations was bifurcated, and a jury trial on the attempted arson charge began on September 3, 2014. Facts On June 2, 2014, the day prior to the incident, defendant and his sister had an argument that turned violent and resulted in defendant’s arrest. After he was released from jail that evening, defendant was told his sister had poured bleach and ammonia in the gas tank of his motorcycle and car. The next day, he had an angry telephone call with his mother, during which he told her he was going to burn his sister’s car. He then drove to his mother’s house and grabbed an empty gas can from the garage, saying he was going to have “the last laugh.” He returned within 15 minutes and started pouring gasoline inside and…