People v. Clason CA4/1

Filed 5/22/24 P. v. Clason CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D082365

Plaintiff and Respondent,

v. (Super. Ct. No. SCS315468)

CASEY JAY CLASON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Maryann D’Addezio, Judge. Affirmed. Matthew Aaron Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Casey Jay Clason appeals the judgment sentencing him to prison for six years after a jury found him guilty of arson and he admitted a prior conviction of arson. Appointed counsel filed a brief in which he asserted no claims of error and invited us to review the record independently for reversible error. (See People v. Wende (1979) 25 Cal.3d 436.) Having reviewed the record and found no prejudicial error, we affirm.

BACKGROUND Ulysses Andrade was waiting in a drive-through lane at a coffee shop when he noticed flames in dumpsters behind the shop and saw Clason inside the locked enclosure surrounding the dumpsters. Clason put burning cardboard into the dumpsters and kicked burning cardboard under them. Andrade summoned law enforcement. Deputy Sheriff Chris Drouin arrived at the scene, saw the fire in the dumpsters, and saw Clason pick up burning cardboard from the ground and put it into one of the dumpsters. Police Officer Tim Biffle also arrived at the scene and saw Clason ignite cardboard and other trash that was on the ground and put it into the dumpsters. After Drouin got a key for the enclosure from the coffee shop supervisor and unlocked it, Clason exited the enclosure. Firefighters extinguished the fire. The People charged Clason with arson of property (Pen. Code, § 451, subd. (d)) and alleged as an enhancement that he had a prior felony arson conviction (id., § 451.1, subd. (a)(1)). He pled not guilty, and the case proceeded to a jury trial. Before trial, the court ruled Clason could not introduce evidence of statements he made to law enforcement officers at the scene and could not make any reference to his mental health. At trial, the People presented testimony from Andrade, Drouin, Biffle, and other witnesses as well as photographs and video surveillance concerning the current arson. Over Clason’s objection, the People presented testimony, photographs, and video surveillance concerning the prior arson. The jury found Clason guilty on the arson charge, and he admitted the enhancement allegation.