State v. Davis

OPINION

STONEBURNER, Judge.

Appellant Cynthia Lue Davis challenges her conviction of arson in the first degree, arguing that the district court erred by refusing to instruct the jury on fourth-degree arson as a lesser-included offense and that the evidence was insufficient to support a conviction of first-degree arson. Because the district court abused its discretion by failing to instruct the jury on fourth-degree arson, we reverse.

FACTS

Davis admitted that she intentionally set fire to a couch located in the basement of Oxford House, a residence for people recovering from alcohol and chemical…