Mr. Vang burgled a Sacramento home. While Vang and his codefendant ransacked the home, they encountered the home's sole resident. Vang and company beat the resident and then shot him dead. They absconded with the resident's guitars and surfboards only to return and torch the house. For creating this macabre tragedy, Vang was convicted of first degree murder and several lesser offenses including arson of an inhabited dwelling. His punishment was set at life without parole plus nine years. Vang appealed.
The Third District reverses the arson of an inhabited dwelling conviction and otherwise affirms.
The facts here create an emotional bias towards affirmance, but admirably the panel analyzes the issue without regard the moral reprehensibility of the facts. California defines "inhabited" as "currently" being used for dwelling purposes, requiring a person's intent to reside at the place at issue. A dead body can have no such intent, hence after a sole resident is killed, the place is no longer inhabited.
The legislative history and relevant case law all support the panel's holding. No reproach is warranted.
And as a practical matter, the decision is of no practical effect here. Vang's life without parole sentence for murder stands.
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