P. v. Casto CA3
In November 2015, a jury found defendant Chris Crawford Casto guilty of arson of an inhabited structure and misdemeanor theft of utility services. A year later, the trial court sentenced him to state prison. A year later, his briefing on appeal was completed. We granted his motion for calendar preference and expedited review premised on his scheduled release date of September 2018.
On appeal, defendant contends the prosecutor prejudicially failed to correct false testimony regarding a pungent smell detected in the remains of the home, violated a ruling in limine in questioning a witness, and committed misconduct in characterizing a defense expert’s testimony in closing argument. He asserts defense counsel was ineffective in failing to present evidence of a non-accelerant source for the pungent odor. Finally, he claims the trial court erred in failing to instruct sua sponte on the lesser offense of recklessly causing a fire to an inhabited structure. We shall affirm the judgm
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