People v. Alvarez CA2/1

BACKGROUND

I. Brief Overview of the Circumstances of the Offenses

As context for the parties’ arguments in this appeal, we provide the following brief account of the circumstances of the offenses, taken from this court’s opinion in Alvarez’s direct appeal of his convictions. (People v. Alvarez (Jan. 24, 2012, B210418) [nonpub. opn.].) Our resolution of the present appeal is not dependent upon this factual account, but rather upon the theories presented, jury instructions given, and verdicts returned at Alvarez’s trial, which we summarize below. On January 26, 2005, Alvarez poured gasoline over the hood, roof, and sides of his Jeep Cherokee Sport, drove the Jeep onto railroad tracks in Glendale, later exited the vehicle, and ran away from the tracks. A southbound Metrolink train struck Alvarez’s Jeep, the cab car of the train derailed, and the Jeep became embedded underneath the derailed cab car. Sparks and frictional heat ignited vapors from the gasoline Alvarez poured onto the Jeep, and the resulting fire burned the Jeep and part of the cab car as they continued to move along the tracks. The wheels of the derailed cab car caught a switch, and the cab car rolled onto a…