Can a defendant appeal against his arson conviction for setting fire to vegetation that was not within the definition of forest land?

California, United States of America


The following excerpt is from People v. J.W. (In re J.W.), F076382 (Cal. App. 2018):

we decline to hold that the vegetation which burned in this matter falls within the definition of forest land.11 We will not add to or alter the words of the arson statutes to accomplish a purpose that does not appear on the face of the statutes or from its legislative history. (Burden v. Snowden, supra, 2 Cal.4th at p. 562.) The legislative history supports the conclusion that appellant's arson conviction must be reversed.

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