P. v. Nguyen CA4/1
A jury found Thien Duc Nguyen guilty of committing arson of an inhabited structure or inhabited property (Pen. Code, § 451, subd. (b)). The trial court sentenced Nguyen to a three-year prison term.
Nguyen makes a series of arguments challenging the jury instructions and the trial court’s evidentiary rulings. He also contends that the prosecutor committed prosecutorial error, and that the trial court erred in declining to order mental health diversion (§ 1001.36). We conclude that the trial court prejudicially erred by failing to properly instruct the jury on the concept of malice in law in response to questions asked by the jury during deliberations. We accordingly reverse the judgment.
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