P. v. Hunter CA5
In 2016, a jury trial commenced regarding two charges filed against respondent Todd Christopher Hunter: (1) recklessly causing a fire of forest land, a felony (Pen. Code, § 452, subd. (c); count I) and (2) unlawfully removing a shopping cart from a retail establishment, a misdemeanor (Bus. & Prof. Code, § 22435.2, subd. (a); count II). At the end of the prosecution’s case, respondent’s counsel moved for a judgment of acquittal pursuant to section 1118.1 (the motion) regarding the arson charged in count I. The trial court did not rule on the motion until after the case was submitted to the jury, which began deliberations. The court then denied the motion. Later that same day, however, the court revisited the issue, changed its mind, and granted the motion. The jurors were discharged. Respondent entered a guilty plea for the misdemeanor shopping cart theft (count II), and he was sentenced to credit for time served.
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