State v. Schmidt

LOWENSTEIN, Presiding Judge.

Schmidt appeals convictions for murder in the second degree (felony murder) for which he received a 23 year sentence, and for first degree arson with a consecutive sentence of fourteen years. The sufficiency of the evidence presented to sustain the jury verdict is not an issue. The basic facts are as follows: very early in the morning of November 6,1985 a fire burned the apartment belonging to Schmidt’s brother. The brother’s roommate died in the fire. Experts testified the fire had been set. Schmidt’s brother escaped the blaze. Schmidt had been at the apartment on…