People v. Boatwright CA3

Filed 2/9/23 P. v. Boatwright CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C096855

Plaintiff and Respondent, (Super. Ct. No. 22F1309)

v.

DAKOTA LEE BOATWRIGHT,

Defendant and Appellant.

Appointed counsel for defendant Dakota Lee Boatwright filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error in defendant’s favor, we affirm. BACKGROUND At sentencing, the parties stipulated that the California Department of Forestry and Fire Protection (Cal Fire) Report 22CASHU007730, provided a factual basis for defendant’s plea. That report is not part of the record on appeal. The post-sentencing

1

probation report, however, is part of the record and summarized the facts of the Cal Fire Report, which we rely on here. In the very early morning hours of July 17, 2022, a man named “Heller” told defendant he was not welcome on his property. Shortly thereafter, Heller saw a brush fire, which took him 45 minutes to extinguish. At approximately 5:00 a.m., Heller’s girlfriend saw defendant throw a rock at her car as she drove past him. At approximately 5:30 a.m., Cal Fire responded to a call about the fire. As they approached the property, about one-half mile away, they saw defendant. The officers noted his location and continued to the fire. After speaking to the witness, Cal Fire officers spoke to defendant. Defendant said he was smoking when he left the property and threw a cigarette on the ground as he was leaving. Defendant “stepped on it to put it out and threw it on the gravel road.” Defendant denied having anything to do with the fire. Investigators located defendant’s discarded cigarette and determined it was the same kind of cigarette they found on defendant. The officers arrested defendant and took him into custody. The People subsequently charged defendant with willful and malicious arson of a structure or forest (Pen. Code, § 451,1 subd.(c); count 1), recklessly causing a fire of a structure or forest (§ 452, subd. (c); count 2), willful and malicious arson of property of another during a state of emergency (§§ 451, subd. (d)/454, subd. (a)(2); count 3), and misdemeanor possession of a device used to inject a controlled substance (Health & Saf. Code, § 11364, subd. (a); count 4). The People also alleged defendant was previously convicted of a strike offense, a burglary conviction from 2019. (§§ 667, subd. (a)(1), 1170.12).