from the District Court of Albany County The Honorable
Jeffrey A. Donnell, Judge
Representing Appellant: Office of the State Public Defender:
Diane Lozano, State Public Defender; Tina N. Olson, Chief
Appellate Counsel; and Patricia L. Bennett, Assistant
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; David L. Delicath, Deputy Attorney General; Joshua
Eames, Assistant Attorney General; Darrell D. Jackson,
Prosecution Assistance Program; Bradford Coates, Student
Director; and Mark Nugent, Student Intern.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
After a jury trial, Todd Lee Harnden was convicted of one
count of first degree arson for setting a fire in the Laramie
Walmart. Harnden contends that because he was intoxicated at
the time he set the fire, he should have only been charged
with third degree arson. The court imposed a sentence of 10
to 18 years. We will affirm.
Harnden presents one issue:
Whether there was insufficient evidence presented to sustain
a conviction of first degree arson.
On August 14, 2014, Todd Lee Harnden started drinking vodka
around seven o'clock in the morning. That afternoon, he
went with his mother to the Laramie Walmart to purchase
propane for grilling. After paying for the propane inside,
Harnden then waited outside for an employee to open the
propane cage to exchange the empty propane tank for a full
one. Harnden became impatient and went back inside the store
to try to get service. While waiting, he walked into the
garden center where he opened a bottle of lighter fluid,
poured it on a bag of charcoal, and lit a fire. Harnden then
left the store, but not before he was provided a new propane
tank. Firefighters were called and subsequently able to
suppress the fire. Harnden was arrested later that day in his
home and admitted to starting the fire because he was upset.
After his arrest, Harnden was bound over to district court
and a jury trial was set for April 15, 2015. The first trial
resulted in a hung jury, and a second trial was held in June
of 2015. That trial resulted in a conviction of first degree
arson. Harnden was sentenced to 10 to 18 years imprisonment.
This appeal followed.
When reviewing an appellant's claims regarding
sufficiency of the evidence, this Court examines the evidence
in the light most favorable to the State. Faubion v.
State, 2010 WY 79, ¶ 12, 233 P.3d 926, 929 (Wyo.
2010). We accept all evidence favorable to the State as true
and give the State's evidence every favorable inference
which can reasonably and fairly be drawn from it. We also
disregard any evidence favorable to the appellant ...