State v. Garza
South Dakota Supreme Court
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] Defendant Jose Garza was convicted of first-degree arson and first-degree felony murder in a single trial for intentionally setting fire to an occupied structure and the resulting death of an unidentified victim in the fire. Arson served as the underlying felony to support the felony murder charge. Garza was given concurrent life sentences without parole for each conviction. The circuit court denied Garza’s motion to correct an illegal sentence, rejecting his claim that the concurrent sentences violated the Double Jeopardy Clause. We affirm.
FACTS AND…
2Cases cited32 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
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- Whalen v. United StatesSupreme Court of the United States · 1980
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- Gavieres v. United StatesSupreme Court of the United States · 1911
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