P. v. Ames CA5
In 2014, appellant Steven John Ames started two small fires in close proximity in the kitchen of his rented residence. A jury found him not guilty of two counts of arson (Pen. Code, § 451, subd. (c)) but guilty in both counts for the lesser included offense of unlawful burning of a structure (§ 452, subd. (c); counts I & II). Prior to sentencing, appellant moved to reduce his convictions to misdemeanors, which the trial court denied. Imposition of sentence was suspended and the court placed appellant on felony probation for three years. He was ordered to pay a restitution fine of $1,500 and serve 169 days in the county jail, with credit for time served.
On appeal, appellant argues that the due process clause and section 17, subdivision (b) require reversal of the trial court’s order denying his motion to reduce his convictions to misdemeanors. We reject this claim. However, we agree with appellant’s second argument that he can only be guilty of a single violation of sect
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