People v. Jackson CA5

INTRODUCTION

A jury convicted defendant Devon Dupree Jackson of arson after he intentionally set fire to his bed in a treatment facility where he was living. The trial court sentenced defendant to six years in prison and ordered defendant to pay various fines and assessments. Defendant argues that the trial court erred in failing to instruct the jury as to the lesser included offense of unlawfully causing a fire and in ordering fines and assessments without first determining defendant’s ability to pay them. In supplemental briefing, defendant argues that we should remand for the trial court to resentence in light of amendments to Penal Code1 section 1170. The People concede that we should remand this matter for resentencing. We accept the People’s concession, mooting defendant’s argument as to the imposition of fines and assessments, but otherwise affirm the judgment.

PROCEDURAL BACKGROUND

Defendant was originally charged by complaint on November 20, 2018. Prior to defendant’s preliminary hearing, defense counsel raised a doubt as to defendant’s competency pursuant to section 1368. The trial court found defendant incompetent to stand trial and committed him to the State…