State v. Schwantes

SCOTT, Justice.

The defendant was charged with first-degree arson but, at the trial court’s request, the state amended the charge to attempted first-degree arson. Thereafter, a district court jury found defendant guilty as charged and the court sentenced defendant to 34 months in prison, the sentence to run consecutively to defendant’s federal sentence of 18 months for bank fraud. Issues raised by defendant on his appeal from judgment of conviction are (1) the sufficiency of the evidence that defendant was the one who set the fire, (2) whether defendant was prejudiced by the state’s negligent…