People v. Pineda CA2/7

INTRODUCTION

George Pineda appeals from the judgment entered after a jury found him guilty on three counts of arson and three counts of child abuse under circumstances likely to produce great bodily harm or death. He contends that the jury improperly convicted him on three counts of arson based on a single act of setting fire to a house, that the trial court erred in denying his request for pretrial mental health diversion under Penal Code section 1001.36,1 and that the court miscalculated his presentence custody credits. The People concede and we agree with the first and third of Pineda’s contentions. We disagree with the second. Therefore, we reverse Pineda’s convictions on the three counts of arson, remand for the People to elect the count on which they want to proceed and for the trial court to reinstate the conviction on that count, and direct the trial court to correct Pineda’s presentence custody credits. Otherwise, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Pineda Sets a House on Fire Pineda lived on the ground floor of a two-story house that had two bedrooms upstairs: one occupied by Pineda’s father and stepmother, the other by Maritza Ruiz and her three…