State v. Fetty

TURNAGE, Judge.

Ricky Lee Fetty 1 was found guilty by a jury of conspiracy to commit arson in the first degree in violation of § 564.016 RSMo 1978. 2 Pursuant to the jury’s recommendation, the trial judge sentenced Fetty to seven years imprisonment.

On this appeal, Fetty argues that the trial court erred in charging, trying, and convicting him for conspiracy to commit first degree arson rather than for conspiracy to commit second degree arson, in failing to submit an instruction on conspiracy to commit arson in the second degree, in submitting a verdict directing instruction on conspiracy to…