People v. Moler CA1/3

Filed 9/30/22 P. v. Moler CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A165844

v. DANIEL MOLER, (Kern County Super. Ct. No. BF171636A) Defendant and Appellant.

Defendant Daniel Moler appeals a judgment entered upon a jury verdict finding him guilty of arson and making a criminal threat. He contends that the trial court failed adequately to instruct the jury on the law of arson, that the evidence does not support the criminal threat conviction, and that one of two arson enhancements must be stricken. We shall affirm the convictions. We agree with defendant, however, that only one arson enhancement under Penal Code section 451.1 1 is permissible and shall remand the matter for resentencing.

All…