In re A.M. CA4/1
A.M. appeals from a juvenile court adjudication finding true allegations he committed arson of property (Pen. Code, § 451, subd. (d)). He contends we must reverse the true finding because there is insufficient evidence to support the malice element of the offense. He further contends the court abused its discretion by denying his motion to reduce the true finding to a misdemeanor under Esteybar v. Municipal Court for Long Beach Judicial Dist. We conclude substantial evidence showed A.M. acted with malice by deliberately lighting a fire on private property when he knew doing so was wrong, and then leaving the fire unattended. We further conclude the court lacked the authority to reduce the true finding to a misdemeanor under the Esteybar case because arson of property is not an offense punishable as either a felony or a misdemeanor.
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