State v. Rodriguez

The opinion of the court was delivered by

Larson, J.:

This is Marcus Rodriguez’ direct appeal from, his conviction and sentence for arson, a severity level 7, nonperson felony, K.S.A. 21-3718(a)(l) and (b)(3).

In June 1997, Rodriguez, Lance Arsenault, Jose Gutierrez, and Richard Golubski, while at the home of Arsenault’s grandmother at 5210 Sloan, Kansas City, Kansas, tortured, burned, and killed a small Yorkshire Tenier named “Scruffy.” The dog’s jaws were pulled apart and he was shot with a pellet rifle, placed in a plastic bag, doused with flammable liquid, set on fire while still alive, and…