People v. Shiga
246 Cal. Rptr. 3d 198
Cal. Ct. App. 5th2019Background
- In 2011 Gregory Yusuke Shiga set fire to St. John Vianney Catholic Church; the church was destroyed and adjacent rectory burned but occupants escaped.
- Shiga was charged and convicted of aggravated arson (Pen. Code § 451.5), arson of a structure (§ 451(c)), arson of an inhabited structure (§ 451(b)), possession of flammable material (§ 453), and second-degree burglary (§ 459); jury found several enhancements true.
- Trial court sentenced Shiga to an aggregate term of 18 years to life, including enhancements under former § 12022.6 and § 451.1.
- On prior appeal this court remanded for retrospective competency hearings; the trial court found Shiga competent to stand trial and to represent himself.
- This appeal raises (1) whether § 451(b) and § 451(c) are separate offenses or alternative forms of a single arson offense, (2) whether arson under § 451 is a lesser included offense of aggravated arson (§ 451.5), and (3) multiple sentencing challenges (stay under § 654, duplicative § 451.1 enhancements, and the applicability of former § 12022.6 repeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 451(b) (inhabited structure) and § 451(c) (structure) create separate offenses or are forms of a single arson offense | The People: subdivisions create distinct offenses; defendant may be convicted on both | Shiga: subdivisions are alternative ways of committing the single crime of arson; cannot be convicted of both for same conduct | The court: § 451 defines a single offense of arson; convictions on counts 2 and 5 (both § 451 variants) reversed and remanded for People to elect one count |
| Whether arson (§ 451) is a necessarily included offense of aggravated arson (§ 451.5) | Shiga: arson counts are lesser included offenses of aggravated arson and must be reversed if duplicative | The People: aggravated arson encompasses arson; convictions can stand | The court: aggravated arson can be committed without necessarily committing § 451 arson (e.g., burning one’s own property to cause injury under § 451.5); § 451 is not a lesser included offense of § 451.5; contention fails |
| Whether possession of flammable material (§ 453) sentence must be stayed under § 654 | The People: (conceded on supplemental briefing) possession was part of same course of conduct as aggravated arson | Shiga: sought stay under § 654 | The court: agree with concession; sentence on count 3 must be stayed under § 654 |
| Whether multiple § 451.1(a) five-year enhancements and former § 12022.6 enhancement were properly imposed | The People: initially sought enhancements; later conceded duplicative § 451.1 enhancements and agreed § 451.1 does not apply to aggravated arson; contest retroactivity of § 12022.6 repeal | Shiga: one § 451.1 enhancement only; urged striking former § 12022.6 enhancement as repealed | The court: (1) two § 451.1 enhancements cannot both be imposed for the same conviction—only one 5‑year enhancement if People proceed on § 451 count; (2) the § 451.1 enhancement applied to § 451 convictions only, so the five-year enhancement as to aggravated arson (count 1) is reversed; (3) repeal of former § 12022.6 not retroactive, so that enhancement stands unless otherwise foreclosed |
Key Cases Cited
- People v. Gonzalez, 60 Cal.4th 533 (examining whether subdivisions define separate crimes or alternative means)
- People v. White, 2 Cal.5th 349 (analysing when statutory subdivisions describe distinct sexual-offense crimes)
- People v. Vidana, 1 Cal.5th 632 (using legislative history to determine whether two provisions create one crime)
- People v. Delgado, 2 Cal.5th 544 (rule on necessarily included offenses and multiple convictions)
- People v. Cady, 7 Cal.App.5th 134 (discussion of elements test for lesser included offenses)
- In re V.V., 51 Cal.4th 1020 (defining arson and upholding convictions where defendant caused fires to spread)
- People v. Cole, 33 Cal.4th 1158 (distinguishing arson from unlawfully causing a fire)
- People v. Muszynski, 100 Cal.App.4th 672 (discussing relation between aggravated arson and simple arson in sentencing context)
Disposition: Reverse convictions on counts 2 and 5 (arson under § 451); reverse § 451.1 enhancement as to count 1; remand for election on which § 451 count to proceed, stay count 3 under § 654, and on resentencing impose only one applicable § 451.1 enhancement if count 2 is reinstated.