Jones

Defendant was convicted of setting fire to an inhabited structure, the most serious form of arson. (See Pen. Code, § 451, subd. (b).) *545 The house he set fire to was the one he and others had been evicted from the day before. The sole question on appeal is whether, at the time of the fire, the house was “inhabited” as defined in Penal Code section 450, subdivision (d).

Facts

Defendant and others residing in a rented house were evicted by the county marshal after the landlord obtained an unlawful detainer judgment. The day after the eviction defendant set fire to the house. The evidence adequately establishes defendant is guilty of arson and that is not an issue on appeal. Rather, defendant contends there was insufficient evidence to show the house was inhabited within the meaning of Penal Code section 450, subdivision (d).

The evidence shows that after the eviction the former tenants were allowed to retrieve their clothing from the house and then they dispersed, except for defendant. Defendant was seen leaving the house the morning after the eviction with other persons not identified as former tenants. No one testified they saw defendant remove anything from the…