State v. Newfield

OPINION

ROLL, Judge.

Bret Newfield appeals from his conviction of one count of arson of a structure. Because fundamental error occurred when the trial court failed to define the term “unlawfully” in the jury instructions, we reverse Newfield’s conviction and remand this matter for a new trial.

FACTS

On December 6, 1987, when Newfield’s girlfriend, Valerie, completed her work shift at the Palo Verde Nuclear Power Plant, Newfield met her in the parking lot and the two argued. Valerie and some other individuals then travelled in a 1980 Chevy Monza to an overflow parking lot where co-workers parked…