California v. Costella
Annotate this CaseDefendant-appellant Keith Costella, shot his victim, dumped his body in an undeveloped area next to a highway, and set fire to it. A jury convicted him of second degree murder and arson of forest land. The jury also found defendant personally discharged a firearm and caused the death of his victim. The court sentenced defendant to 40 years to life for murder and the firearm enhancement and a concurrent term of two years for arson of forest land. Defendant appealed, arguing primarily there was insufficient evidence that “forest land” was burned within the meaning of the arson statute, and therefore, the Court of Appeal should reverse his arson conviction. After review, the Court concluded substantial evidence demonstrated this land was brush covered and thus constituted forest land. Defendant further argued the Court should order a limited remand pursuant to "California v. Franklin," (63 Cal.4th 261 (2016)), so that the parties could make a record in anticipation of his youth offender parole hearing during the 25th year of his sentence. The State conceded he was entitled to a limited remand for this purpose. Accordingly, the Court of Appeal affirmed defendant’s arson conviction, but ordered the limited remand pursuant to "Franklin."
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