Magana v. People.

2022 CO 25. No. 20SC928. Arson—Unit of Prosecution—Sentencing.

June 13, 2022

The Supreme Court held that the unit of prosecution under the first, second, and fourth degree arson statutes is, respectively, each building or occupied structure damaged or destroyed, each person’s property (other than a building or occupied structure) damaged or destroyed, and each person endangered. The Court further held that the legislature didn’t intend for all first degree arsons by fire to be crimes of violence, and therefore fire alone is not a deadly weapon for the purpose of prosecuting first degree arson as a crime of violence.

The Court of Appeals’ judgment was affirmed in part and reversed in part.