People v. Ly

[46]

Opinion

TURNER, P. J.

I. Introduction

Defendant Bronson Ly appeals from his convictions for first degree murder (Pen. Code,

1

§ 187, subd. (a)) and arson. (§ 451, subd. (b).) Defendant argues the trial court improperly: denied his motion made pursuant to

People

v.

Wheeler

(1978) 22 Cal.3d 258, 276-277 [148 Cal.Rptr. 890, 583 P.2d 748]; intruded upon the secrecy of the jury deliberations; and denied presentence custody credits. The Attorney General concedes that the trial court should have awarded presentence custody credits. In the published portion of the opinion, we discuss defendant’s right to presentence

conduct

credits for a murder committed on February 27, 1996. We affirm the judgment as modified.

II. Factual Background

We view the evidence in a light most favorable to the judgment.

(Jackson

v.

Virginia

(1979) 443 U.S. 307, 319 [99 S.Ct. 2781, 2789, 61 L.Ed.2d 560];

People v. Osband

(1996) 13 Cal.4th 622, 690 [55 Cal.Rptr.2d 26, 919 P.2d 640];

Taylor v. Stainer

(9th Cir. 1994) 31 F.3d 907, 908-909.) On February 27, 1996, defendant’s home burned as the result of arson. Although defendant escaped, his son, Long, perished in the fire. Defendant left the United States for Bangkok, Thailand on March 1, 1996. An investigation revealed that the fire was set in four places by the spread of gasoline. The gasoline was ignited by a water heater. On June 10, 1994, defendant had purchased life insurance policies on the lives of his two adult sons, Binh and Long, for $100,000 each with an additional $25,000 accidental death benefit. The final payment on the policies was made February 12,1996. However, the payment was reversed because of an insufficient funds check. The check was redeposited on February 24, 1996.