P. v. Hamilton CA1/3
Appellant Vanessa Hamilton was found guilty of felony arson and first-degree burglary. With additional allegations, including a commitment under Penal Code section 667.5, subdivision (b) (prison prior), Hamilton was sentenced to six years in state prison.
Hamilton claims that CALCRIM No. 1502’s instruction on the meaning of “burn” is inadequate and that the pinpoint instruction proposed by Hamilton and given by the court did not cure the error. She argues there was insufficient evidence that the inhabited structure burned. As to the lesser offense, the court gave CALCRIM No. 1520 (attempted arson) and CALCRIM No. 3518; Hamilton argues that the court’s oral explanation about completing the verdict form erroneously directed the jury not to consider the lesser offense until it had decided the arson charge. We find sufficient evidence to support the arson conviction and no instructional error as to the arson and attempted arson instructions.
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