People v. Maldonado CA4/1

Filed 3/12/24 P. v. Maldonado CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081541

Plaintiff and Respondent,

v. (Super. Ct. No. SCE408470) THOMAS MALDONADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. Matthew A. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Senior Assistant Attorney General, Eric A. Swenson and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Thomas Maldonado of arson of property (Pen. Code,

§ 451, subd. (d)),1 together with other offenses not relevant to this appeal. Maldonado appeals. He contends (1) the evidence does not support his arson conviction; and (2) the trial court committed instructional error by failing to instruct the jury as to “wrongful act.” We disagree with the first contention and conclude he forfeited the second by failing to offer a pinpoint instruction in the trial court. Accordingly, we affirm. FACTS Maldonado lived on a piece of property that was managed by his mother, R.M., and owned by a third party. He lived rent-free at the property in exchange for helping out as needed, including yard work. At least on one occasion, he had received a tax form (form 1099) for his work on the property. Many months before the date of the charged incident, while doing yard work on the property, R.M. and her sister had piled up branches and shrub cuttings in the backyard, intending to remove them at some future date. On August 28, 2021, a neighbor called R.M to let her know about smoke on the property. R.M. promptly drove there and saw white smoke coming from the back. When she ran to the backyard, R.M. saw Maldonado pouring lighter fluid on some of the dead shrubs in the yard. R.M. testified that she had never instructed Maldonado to burn anything in the yard. She saw some