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The People v. Arlef Dai Weaver

October 30, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ARLEF DAI WEAVER, DEFENDANT AND APPELLANT.



(Super. Ct. No. 101906)

The opinion of the court was delivered by: Hull , Acting P. J.

P. v. Weaver

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a jury trial, defendant Arlef Dai Weaver was convicted of arson of property (Pen. Code, § 451, subd. (d); undesignated statutory references that follow are to the Penal Code) and misdemeanor vandalism (§ 594, subd. (b)(1)). Defendant admitted a strike allegation and the trial court sentenced defendant to four years in state prison with 271 days of presentence credit (181 actual and 90 conduct).

On appeal, defendant contends the trial court abused its decision by denying his motion to dismiss the strike. In a supplemental brief, he contends that the prospective application of the Criminal Justice Realignment Act of 2011 (the Realignment Act) (Stats. 2011, ch. 15) violates his right to equal protection of the law. We affirm the judgment.

FACTS AND PROCEEDINGS

In December 2010, defendant lived in a house with Kevin Ramsey and his girlfriend Rachel Kirk. Tensions developed between defendant and his roommates after Ramsey informed defendant of Kirk's unhappiness with his lack of cleanliness and failure to share in the cooking.

Defendant began removing his items from the house on the evening of December 26, 2010. Asked if he was leaving, defendant told Ramsey, "I'm out of here." They argued about settling some debts and defendant said, "no one is living here."

Before defendant left, Ramsey joined Kirk in the living room to watch television. Defendant soon entered the room carrying a yellow gasoline can. The room contained a stove that was burning a large quantity of wood. Defendant walked to the stove and poured gasoline on top of it, causing a large fireball to erupt. Defendant immediately ran out of the house. Ramsey was able to put out the fire with bed sheets and water. The fire burned the carpet surrounding the stove and discolored the ceiling around it.

DISCUSSION

I

Penal Code Section 1385 ...


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