People v. Buckley CA4/3

Filed 7/14/21 P. v. Buckley 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G058968

v. (Super. Ct. No. 18CF3174)

JAMES WILLIAM BUCKLEY, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Robert Alan Knox, Judge. Affirmed. Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Robin Urbanski and Genevieve Herbert, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Appellant was charged and convicted of arson and resisting a peace officer. The charges stemmed from a fire occurring in his residence, a unit in a multi-family structure in Santa Ana. When firefighters from the Orange County Fire Authority (OCFA) arrived, appellant let them into the home willingly. However, his demeanor changed when they began questioning him about the start of the fire. He became combative and uncooperative and OCFA had to call in police reinforcements, who arrested him. Prior to his arrest, authorities noticed ammunition in the home, and after his arrest, two firearms and more ammunition were discovered in a search of the home and of his person. One of these firearms was a loaded shotgun located near the spot where appellant was detained. At trial, appellant sought to exclude introduction of these weapons and ammunition, arguing they were prejudicial and cumulative. The trial court denied the motion. We affirm. FACTS On the evening of November 8, 2018, the OCFA responded to a report of smoke inside the Santa Ana structure where appellant lived. The fire emanated from a broken front window in appellant’s unit. OCFA Fire Captain Zebulon Hawkins knocked on the door, and appellant answered, inviting firefighters in. Hawkins saw there was significant smoke coming from the direction of the bedroom and hallway nearby. Upon entering the bedroom, he noticed the smoke came down to his shoulders. On the bed was a smoldering fire. With gusty and dry weather conditions, including Santa Ana winds, firefighters moved quickly to try to put out the fire on the bed before it spread. Because the smoke was so thick in the room, Hawkins told appellant they had to leave the property immediately. Outside, Hawkins began to question appellant about how the fire may have started, and noticed appellant grew “increasingly more agitated” in response to his