Goolsby
The People v. Goolsby
Opinion
Opinion
FACTS
The facts are undisputed, and only a few are necessary for our resolution of the
issues defendant raises on appeal. Defendant and Kathleen Burley lived together in what
was one of several motor homes defendant owned and had parked on a vacant lot. On
November 28, 2009, defendant and Burley got into an argument. Sometime not long
after the argument, in which defendant and Burley each called the police on the other,
defendant used a vehicle to push an inoperable motor home next to the one in which he
and Burley were living and where Burley then was sleeping. Defendant used gasoline to
set the inoperable motor home on fire. After Burley got out with her dogs, the fire spread
to the motor home in which she had been sleeping. The fire destroyed both motor homes.
Additional facts will be recounted below as pertinent to the issues defendant raises
on appeal.
DISCUSSION
1.
THE EVIDENCE IS INSUFFICIENT TO SUPPORT THE
JURY’S VERDICT FINDING DEFENDANT GUILTY OF
ARSON OF AN INHABITED STRUCTURE
Defendant contends, and we agree, that the evidence was insufficient to show that
the motor home in which he and Burley were then living was a structure. Therefore, the