STATE v. ARELLANO

No. S-00-1305.

636 N.W.2d 616 (2001)

262 Neb. 866

STATE of Nebraska, Appellee, v. Eddie L. ARELLANO, Appellant.

Supreme Court of Nebraska.

November 30, 2001.


Attorney(s) appearing for the Case

Jerry J. Fogarty, Deputy Hall County Public Defender, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.


CONNOLLY, Justice.

The appellant, Eddie L. Arellano, was convicted by a jury of third degree arson, a Class IV felony. Under Neb.Rev.Stat. § 28-504(1) (Reissue 1995), the intentional burning of the property of another without his or her consent is third degree arson if the burning causes damage to the property. Under § 28-504(2) and (3), third degree arson is a Class IV felony if the damages amount to $100 or more, but is a Class I misdemeanor if the damages...

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