Is a defendant's claim that his conviction for arson is without merit?

California, United States of America


The following excerpt is from People v. Green, 146 Cal.App.3d 369, 194 Cal.Rptr. 128 (Cal. App. 1983):

4. Appellant's claim that his conviction is unsupported by the evidence is also without merit. Under the well-established principles of appellate review, we " 'must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' " (People v. Johnson, 26 Cal.3d 557, 576, 162 Cal.Rptr. 431, 606 P.2d 738.)

"[T]he very nature of the crime of arson ordinarily dictates that the evidence will be circumstantial." (People v. Beagle, 6 Cal.3d 441, 449, 99 Cal.Rptr. 313, 492 P.2d 1.) Some of the factors upon which courts have relied in affirming arson convictions are motive, evidenced by a threat; prior presence in the building; possession of inflammatory materials; presence in the vicinity at the time of the fire; lack of evidence of natural or accidental cause but evidence of intentional (incendiary) cause; and more than one fire with temporal and spatial proximity. (Id. at pp. 449-450, 99 Cal.Rptr. 313, 492 P.2d 1.) All [146 Cal.App.3d 378] of these factors were established here by both direct and circumstantial evidence.

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