Kurtenbach
People v. Kurtenbach
Opinion
Lead Opinion
Irion, J.
—A jury convicted James Kurtenbach of conspiracy to commit arson (Pen. Code, § 182, subd. (a)(1)); 1 arson causing great bodily injury (§451, subd. (a)); concealing or knowingly failing to disclose an event affecting an insurance benefit (§ 550, subd. (b)(3)); and vandalism (§ 594, subds. (a), (b)(1)). The jury also made tme findings that in committing the arson Kurtenbach used a device designed to accelerate the fire (§451.1, subd. (a)(5)) and acted for pecuniary gain (§ 456, subd. (b)). The trial court imposed a prison sentence of 15 years eight months.
Kurtenbach contends (1) the trial court prejudicially erred by failing to instruct the jury regarding aiding and abetting with respect to the count for arson causing great bodily injury; (2) insufficient evidence supports the conviction for arson causing great bodily injury because the only person injured in the fire was an accomplice to the arson; (3) pouring gasoline in a structure prior to starting a fire does not support a finding that the arson was “caused by use of a device designed to accelerate the fire” for the purposes of the sentencing enhancement set forth in section 451.1, subdivision (a)(5); (4) the trial…