People v. Stevenson CA3

Filed 9/13/16 P. v. Stevenson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C080458

v. (Super. Ct. No. 14F04491)

WADE ANDREW STEVENSON,

Defendant and Appellant.

After causing an explosion in his apartment, defendant Wade Andrew Stevenson was convicted of unlawfully manufacturing concentrated cannabis and unlawfully causing fire to an inhabited structure. On appeal, he contends (1) his term for unlawfully causing fire must be stayed under Penal Code section 654,1 and (2) the trial court erred in ordering registration as an arson offender under section 457.1. The People concede

1 Undesignated statutory references are to the Penal Code.

1

defendant’s second contention. We conclude (1) section 654 applies to stay defendant’s conviction for unlawfully causing a fire to an inhabited structure, and (2) the trial court erred in ordering arson offender registration. The judgment shall be modified to comport with section 654 and strike the order for arson offender registration. As modified, the judgment is affirmed. BACKGROUND Defendant was severely burned by a butane explosion in his apartment complex. He had been working in his bathroom, extracting butane hash oil from marijuana leaves. In the process, butane gas pooled on the floor. When the gas somehow ignited, an explosion blew out windows and penetrated walls in the apartment complex. Defendant’s hands, forearms, legs, face, and scalp were burned. He also singed the back of his mouth and nasal hairs. In all, 56 percent of his body was burned. A jury convicted defendant of unlawfully manufacturing concentrated cannabis (§ 11379.6, subd. (a), count 1); and unlawfully causing fire to an inhabited structure (§ 452, subd. (b), count 2). The trial court sentenced him to serve an aggravated prison term of seven years for manufacturing concentrated cannabis and one year (one-third the middle term) for causing fire to an inhabited structure. The court ordered the terms to be served consecutively, resulting in an aggregate eight-year term. The court also ordered defendant to register as an arson offender, pursuant to section 457.1. DISCUSSION I Section 654 Defendant first contends his term for causing fire must be stayed under section 654. He reasons the fire was merely incidental to manufacturing hash oil, and he did not