People v. Buckner
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Buckner was convicted of arson of an inhabited structure and sentenced to three years in prison. He argued that: there is no substantial evidence to support the jury’s finding that the house was inhabited because the evidence did not show that he intended to continue living in the house after the fire; the court erred by admitting statements he made during a police interview that he argues were taken in violation of his Miranda rights; and the trial court improperly ordered him to pay restitution to his insurance company and the fire department.
The court of appeal affirmed in part. The law does not require the prosecution to prove that Buckner intended to continue living in the house after the fire; since Buckner was living in the house at the time of the fire, substantial evidence supports the jury’s conclusion that the house was inhabited. Buckner’s statements to the police were properly admitted at trial because, under the totality of the circumstances, the interview during which he made them was not custodial. The restitution order must be reversed because the insurance company and the fire department are not victims of Buckner’s crime for purposes of restitution under Penal Code section 1202.4.
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