Legal Opinion

State v. Garza

South Dakota Supreme Court

Decided September 24, 2014No. 26807PublishedCited by 12 opinions

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

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. Whalen v. United StatesSupreme Court of the United States · 1980
  4. Albernaz v. United StatesSupreme Court of the United States · 1981
  5. Gavieres v. United StatesSupreme Court of the United States · 1911

27 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. MuhammadWashington Supreme Court · 2019
  2. State v. McMillenSouth Dakota Supreme Court · 2019
  3. State v. McMillenSouth Dakota Supreme Court · 2019
  4. State v. ManningSouth Dakota Supreme Court · 2023
  5. State v. FriasSouth Dakota Supreme Court · 2021

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API