Cales v. State

OPINION

CORNISH, Judge:

The appellant was convicted of Interfering with a Fireman. The jury set punishment at two (2) years’ imprisonment with a recommendation that the sentence be suspended. The trial court adhered to the jury’s recommendation and imposed a two (2) year suspended sentence.

On July 13, 1980, Cales decided to burn his wheat stubble to prepare for planting a bean crop. Apparently, the fire started to spread uncontrollably due to heavy winds. The smoke from the fire became very dense and created an extreme driving hazard to traffic on Interstate 35 (1-35). The Tonka-wa Fire…