People v. Maldonado CA4/1

FACTS

Maldonado lived on a piece of property that was managed by his mother, R.M., and owned by a third party. He lived rent-free at the property in exchange for helping out as needed, including yard work. At least on one occasion, he had received a tax form (form 1099) for his work on the property. Many months before the date of the charged incident, while doing yard work on the property, R.M. and her sister had piled up branches and shrub cuttings in the backyard, intending to remove them at some future date. On August 28, 2021, a neighbor called R.M to let her know about smoke on the property. R.M. promptly drove there and saw white smoke coming from the back. When she ran to the backyard, R.M. saw Maldonado pouring lighter fluid on some of the dead shrubs in the yard. R.M. testified that she had never instructed Maldonado to burn anything in the yard. She saw some

areas that had already been burned, and she saw smoke but not flames.2 Hoses were running and the ground was wet. No structures had burned, and there was no property damage. Maldonado told her to “get the hell out of

Further statutory references are to the Penal Code unless otherwise specified.

Deputy…