P. v. Johnson
Defendant Marlon Johnson appeals after conviction, by jury trial, of recklessly causing fire to an inhabited structure in violation of Penal Code section 452, subdivision (b).[1] He was placed on probation for four years, with a number of conditions, including some barring him from using or possessing alcohol, drugs, and weapons.
On appeal, defendant contends: (1) the trial court erred by failing to give a unanimity instruction, since there was evidence that he caused two separate fires; (2) the trial court erred by instructing the jury, pursuant to CALCRIM No. 359, that it could rely on his out-of-court statements to convict him if “slight†additional evidence supported a “reasonable inference that a crime was committedâ€; and (3) some of the probation conditions were unconstitutionally vague.
We will modify the challenged probation conditions but affirm the judgment in all other respects.
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