People v. Goolsby

Opinion

CHIN, J.

A jury convicted defendant, Richard James Goolsby, of violating Penal Code section 451, subdivision (b), which proscribes arson of “an inhabited structure or inhabited property.” Because of the way the case was charged, the Court of Appeal found the evidence insufficient to sustain the conviction, which precludes retrial of that charge. The question before us is whether defendant can be retried for the lesser related offense of arson of property under section 451, subdivision (d), without violating section 654, as interpreted in Kellett v. Superior Court (1966) 63 Cal.2d 822…