People v. Quillar CA4/1

BACKGROUND

In 1997, a jury convicted Lee Vert Quillar of causing a fire in an

inhabited structure (Pen. Code, § 452, subd. (b); count 1),1 arson of the property of another (§ 451, subd. (d); count 2), assault with a deadly weapon or by force likely to produce great bodily injury (§ 245, subd. (a)(1); count 3), and false imprisonment by violence involving the personal use of a deadly weapon (§§ 236, 237; count 4). The jury found true an allegation that Quillar committed count 4 using a knife as a deadly weapon. (§ 12022, subd. (b).) Thereafter, the trial court found true allegations underpinning two prison priors (§ 667.5, subd. (b)), two serious felony prior convictions (§§ 667, subd. (a), 1192.7, subd. (c)), and two felony strike prior convictions (§ 667, subds. (b)–(i)). In particular, it found Quillar was previously convicted of: (1) grand theft of property taken from the person of another (§ 487; hereafter, grand theft person) and assault with a deadly weapon (§ 245, subd. (a)(1)) in case number CR75335; and (2) voluntary manslaughter (§ 192, subd. (a)) and residential burglary (§§ 459, 460) in case number CR107662. The trial court sentenced Quillar to an aggregate term of…