People v. Myers

I respectfully dissent from the majority’s holding that the trial court committed reversible error when it found that defendant’s violation of his fiduciary duty not to intentionally torch his employer’s property was an aggravating factor in pronouncing sentence for the crime of aggravated arson.

The trial court considered defendant’s violation of his duty not to destroy his employer’s property to be within the meaning and intent of the statutory aggravating factor where "the defendant, by the duties of his office or by his position, was obligated to prevent the particular offense committed.”…