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STATE v. GARZA

No. 26807.

854 N.W.2d 833 (2014)

2014 SD 67

STATE of South Dakota, Plaintiff and Appellee, v. Jose Angel GARZA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 24, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Bethany L. Erickson , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Cheri Scharffenberg , Olson, Waltner & Scharffenberg, LLP, Tea, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Defendant Jose Garza was convicted of first-degree arson and first-degree felony murder in a single trial for intentionally setting fire to an occupied structure and the resulting death of an unidentified victim in the fire. Arson served as the underlying felony to support the felony murder charge. Garza was given concurrent life sentences without parole for each conviction. The circuit court denied Garza's motion to correct...

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