State v. Keyes

LANSING, Judge.

Daniel Ray Keyes, II appeals from his conviction for first degree arson, Idaho Code § 18-802. He contends that the district court erred by denying his motion for a mistrial. We affirm.

I

BACKGROUND

Keyes was charged with intentionally setting fire to a rented residence that he shared, until the day of the fire, with his former girlfriend. At trial, the prosecutor asked a deputy fire chief his expert opinion of the origin of the fire. Instead of responding to the question asked, the witness answered: “It’s an incendiary fire. The fire was deliberately set by the defendant.” Defense…