People v. L. T.

Defendant and appellant L. T. burned cardboard inside of a trash can located at her school. She argues that her rights were violated when the trial court sustained an arson allegation against her because the trash was not property of another for the purposes of the crime of arson (Pen. Code, *264 § 451, subd. (d)). 1 We hold that trash constitutes property under section 451 and that the crime of arson only required proof that the property L. T. burned did not belong to her. Therefore, we affirm the judgment.

Factual Background

A petition was filed under Welfare and Institutions Code section 602 alleging that L. T., a minor, committed the crime of arson in violation of section 451, subdivision (d). Walter J., a student who attended Charles Drew Middle School with L. T., testified that he saw L. T., who was holding a lighter, put her hand inside a trash can that was located on school premises. He said that his friend “saw the whole trash can bum,” but Walter J. said that . he only saw cardboard inside of the trash can on fire.

L. T.’s counsel moved under Welfare and Institutions Code section 701.1 to dismiss the petition on the ground that there was no violation of the…