People v. Magana CA4/3

Filed 3/18/26 P. v. Magana CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065681

v. (Super. Ct. No. 25HF0120)

SERGIO CERVANTES MAGANA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kevin Haskins, Judge. Affirmed. Annie F. Fraser, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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The People charged defendant Sergio Cervantes Magana with one count of arson. A jury found Magana guilty of unlawful burning, which is a lesser included offense. The trial court placed Magana on formal probation for two years. Magana filed a notice of appeal. Magana’s counsel filed an opening brief identifying no arguable issues on appeal. (See Anders v. California (1967) 386 U.S. 738 (Anders); People v. Wende (1979) 25 Cal.3d 436 (Wende).) Magana has not filed a supplemental brief on his own behalf. After independently reviewing the record, we affirm the judgment.

I. 1 BRIEF FACTS AND PROCEDURAL BACKGROUND On January 11, 2025, at about 10:00 p.m., neighbors in a Laguna Hills neighborhood heard a man screaming on the hillside behind them. One of the neighbors called 9-1-1 after seeing an apparent fire. A deputy sheriff arrived and put out the majority of the fire with a fire extinguisher. Another deputy saw Magana and ordered him to stay on the ground. Magana told the deputies that someone was chasing him and he had fallen from a tree. Magana said that he hurt his ankle. Magana said that he did not have a cell phone and he lit the fire in order to get someone’s attention. Magana said, “‘I just didn’t know what else to do, man.’” Magana said that he tried to keep the fire somewhat contained. Magana had three BIC lighters in his possession.