Rubino

People v. Rubino

Good Law
18 Cal. App. 5th 407·227 Cal. Rptr. 3d 75
Court of Appeal of CaliforniaDecember 12, 2017H042666California2,200 words

Opinion

lead Opinion

Grover, J.

*409 A jury convicted Joseph Eugene Rubino of attempted arson. ( Pen. Code, § 455.) His appeal focuses solely on the standard jury instruction for that offense, CALCRIM No. 1520. He argues the instruction is constitutionally deficient because it is ambiguous and fails to instruct on specific intent, and that he was prejudiced by the deficiencies. For the reasons stated here, we find the instruction sound and will affirm the judgment.

I. BACKGROUND

In 2013, defendant had lived in the Casa Del Lago mobile home park in San Jose for several years. The property manager noticed a strong odor of gasoline when she arrived at her on-site office on September 3, 2013. She determined the odor was emitting from a metal drop box accessible to the outside through a wall slot. Liquid spilled onto the floor as she opened the box. Three envelopes each containing an open miniature liquor bottle, a partially burned rolled up envelope, and a match or matches were inside the box. The manager used a towel to absorb about a half inch of liquid remaining in the box, which she described as gasoline. She contacted the police after reviewing surveillance videos from the previous night, which showed…

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