People v. Dupuis CA4/1

INTRODUCTION

At 4:00 a.m. one morning in May 2021, Gerald Dupuis aka Gerald

Durvis1 (Dupuis) broke into an attached residential garage, created a substantial mess inside it, stole a knife, and then doused the outside of the house with lighter fluid. When the residents awoke, they confronted Dupuis at gunpoint and called the police. Dupuis provided the responding officers with a false name and date of birth. Throughout his interactions with the residents and the officers, Dupuis frequently spoke incoherently, and one officer believed Dupuis was under the influence of drugs. A jury convicted Dupuis of first degree residential burglary (Pen.

Code2, § 459; count 1)3, attempted arson (§455; count 2), possession of flammable material (§ 453, subd. (a); count 3), and giving false information to a peace officer (§ 148.9, subd. (a); count 4). The trial court sentenced him to four years and eight months in prison. On appeal, Dupuis argues there is insufficient evidence he possessed the specific intent necessary to support his convictions, and that the trial court erroneously and prejudicially declined to instruct the jury that he had a possible mental disorder that could negate the…