Interpretation of  Whether a Gubernatorial Proclamation of Emergency, for purposes of PC 454(a)(2), is Applicable is a Question of Law for the Court, not a Jury.

People v. Gutierrez, 4th Dist., Div.1 (2/17/26)

A jury convicted Gutierrez of arson of a forest and found true an enhancement under Penal Code section 454(a)(2) that the arson occurred during, and in the area of, a state of emergency.  The state of emergency was a 2015 proclamation by then Governor Jerry Brown of a "Tree Mortality" state of emergency, which was still in effect when Gutierrez committed his arson.  Gutierrez appealed.

The appellate panel reverses and remands.

Gutierrez argues that there was no substantial evidence that the "Tree Mortality" state of emergency applied to the area in which he set the fire.  The panel agrees, but with a twist.  The opinion holds that interpreting a Gubernatorial proclamation is a pure question of law for the court, not a jury.  Find the trial court erred in letting the jury decide the issue, the panel proceeds to interpret the "Tree Mortality" proclamation.  

The proclamation declared that a drought had caused a proliferation of bark beetles, leading to the death of thousands of trees.  It directed four state agencies to identify areas of high hazard zones.  Since there was no evidence presented that the areas eventually identified included the spot where Gutierrez set the fire, the panel reverses the true finding on the enhancement.