People v. Ramsdell CA2/6

Filed 2/26/14 P. v. Ramsdell CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B246053 (Super. Ct. No. 2010012821) Plaintiff and Respondent, (Ventura County)

v.

MARLENE M. RAMSDELL,

Defendant and Appellant.

Marlene M. Ramsdell appeals her conviction by jury of two counts of arson 1 of an inhabited structure (Pen. Code § 451, subd. (b)) and one count of arson of another's property (§ 451, subd. (d)). The trial court denied probation and sentenced appellant to six years eight months state prison. Appellant claims she was denied effective assistance of counsel and argues evidentiary and sentencing errors. We affirm. Facts In 1996 appellant's house was gutted by a fire when the stove pilot light ignited a freshly painted kitchen. Several charities helped appellant and her fiancée, Lucas Sisson, after the fire. The Red Cross paid for appellant's stay at a hotel and the first month's rent at a new house. Appellant and Sisson received $3,000, clothing, food,

1 All statutory references are to the Penal Code unless otherwise stated.

furniture and a television. Sisson estimated they received ten times more than they lost in the fire. 2006 Arson In 2006 appellant rented a house from David Richards on Junipero Street in Simi Valley. On July 24, 2006, Richards gave written notice that appellant was behind on the rent and not paying the trash bill. The letter stated that Richards would take legal action if the problems were not corrected. Richards sent a copy of the letter to the Housing Authority where appellant received Section 8 housing assistance. On July 25, 2006, the house burnt down. Appellant claimed it was an electrical fire but the house electrical system was completely upgraded before the fire. The Red Cross provided appellant housing, food, and clothing. Appellant received a free hotel stay, a month's free rent, shoes, bedding, and food money. Christine Saqui, a fire investigator with the Ventura County Fire Department, determined that the fire was intentionally started in the bedroom closet. Saqui ruled out accidental fire sources and opined that the fire was started with a lighter or matches. 2009 Arson On May 15, 2009, a closet fire caused $75,000 structural damage to a Ventura house that appellant rented. Ventura County Fire Department Captain Daniel Plum traced the fire to the bedroom closet but could not find an ignition source. Appellant told Ventura County Sheriff Arson Investigator Guy Peach that she was at an AA meeting when the neighbor reported the fire. After the fire, the Red Cross provided appellant bedding, a five-day hotel stay, a month's fee rent, and food money. Fire insurance investigator Robert Rappaport determined that the fire was intentionally set with an open-flame device such as a lighter. The neighbor saw appellant leave the house a few minutes before the smoke alarms sounded. At trial, appellant defended on the theory that the 2006 fire (Simi Valley arson) was caused by a closet light bulb. Appellant denied receiving the landlord's letter (Richards' letter) before the fire and denied starting the 2009 fire.