People v. Gibson CA3

BACKGROUND

On February 17, 2023, law enforcement responded to a fire at a veterinary hospital. One of the officers saw defendant in the area of the fire and stopped him. The officer found a Zippo-style torch lighter on defendant and saw that defendant’s hands were black and ashy; defendant smelled of smoke. An employee of the hospital told the officer that she saw defendant at the fire. Defendant denied setting the fire, saying he was only there to watch the fire until the fire department arrived. Defendant was arrested and charged with arson (Pen. Code, § 451, subd. (c)) and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)). The People further alleged defendant was twice previously convicted of strike offenses (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). The parties subsequently entered a negotiated plea agreement resolving this as well as several other cases. In the negotiated, global resolution, the People dropped the strike allegations and defendant pleaded no contest to arson in exchange for the upper term of six years (he faced a maximum sentence of 15 years four months). The People also agreed defendant’s sentence would run concurrent…