State v. Bailey

I concur in that portion of the majority opinion which affirms appellant’s conviction for knowingly burning the motorcycle, but I am unable to agree with the remainder of the majority opinion.

I specifically concur in the dissent of Judge Kennedy, but feel compelled to express my reasons for my disagreement with the majority.

The majority has elected not to address an important issue presented to this court. That issue is whether the garage wherein the motorcycle was housed was a building within the intent of our statutes.

This case presents yet another opportunity for our courts to eliminate…