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State v. Thomas

Supreme Court of North Dakota

June 18, 2014

State of North Dakota, Plaintiff and Appellee
v.
Allen Charles Thomas, Defendant and Appellant

Appeal from the District Court of Kidder County, South Central Judicial District, the Honorable Cynthia Feland, Judge.

Eric B. Hetland, State's Attorney, Steele, N.D., for plaintiff and appellee.

Mark T. Blumer, Fargo, N.D., for defendant and appellant.

Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers.

OPINION

Per Curiam.

[¶1] Allan Charles Thomas appeals from a district court judgment entered following a jury verdict finding him guilty of one count of arson under N.D.C.C. § 12.1-21-01, and 18 counts of endangering by fire or explosion under N.D.C.C. § 12.1-21-02.

[¶2] In August 2012, a fire damaged the Lone Steer Motel in Steele, North Dakota. Thomas was accused of intentionally starting the fire at the motel while people were present on the premises, and the State charged him with one count of arson, a class B felony, and 18 counts of endangering by fire or explosion, each a class B felony. The district court held a three-day jury trial in August 2013. At the close of the State's case, Thomas moved for acquittal under N.D.R.Crim.P. 29, which the State opposed. The court denied his motion. The jury subsequently returned a guilty verdict on all counts. The court entered a criminal judgment sentencing Thomas to 10 years with the Department of Corrections and Rehabilitation on count one and two years on each of the remaining 18 counts, with all sentences running consecutively.

[¶3] On appeal, Thomas argues tat his convictions should be reversed because the evidence is insufficient to sustain the guilty verdict. We summarily affirm the district court judgment under N.D.R.App.P. 35.1(a)(3).

[¶4] Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, ...


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