In what circumstances would a jury have convicted appellant of unlawfully causing a fire?

California, United States of America

The following excerpt is from People v. Gilbert, B198032 (Cal. App. 8/5/2008), B198032 (Cal. App. 2008):

It also appears that it is unlikely that the jury would have convicted appellant of this lesser offense of unlawfully causing a fire since the jury did not convict appellant of the lesser offense of attempted arson. The error, if any, was harmless. (People v. Watson (1956) 46 Cal.2d 818, 836.) But we do not mean to imply that it was error not to instruct on the offense of unlawfully causing a fire. If appellant committed any crime, it was deliberately setting fire to the apartment. This was nothing more or less than arson.

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