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State v. Rosales
South Dakota Supreme Court
860 N.W.2d 251 (2015)
- Written by Sarah Holley, JD
Facts
Juan Rosales set fire to two vehicles owned by Amy Faehnrich and Toby Rolfe. The fire spread to Faehnrich and Rolfe’s garage, which was closely located to the vehicles. According to the fire marshal’s investigation of the matter, the fire started by ignition of a flammable liquid on the hoods and windshields of the vehicles. Rosales was indicted and eventually convicted for reckless burning and intentional damage to property in the first degree for each vehicle. Rosales appealed on grounds that he could not be convicted of intentional damage to property, because his setting fire to the two vehicles was arson or reckless burning and the crimes are mutually exclusive.
Rule of Law
Issue
Holding and Reasoning (Zinter, J.)
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