This section contains the nature of the case and procedural background.

D, who had been sitting in the lobby of the Hotel for two hours, was asked to leave by the hotel's security guard. Hotel employees watched Hembd after he left. They observed him in front of a hotel fire exit, with his back to certain doors that lead into the building. D started to walk away. the employees entered the area in which he had been standing and discovered a styrofoam donut wrapper burning on top of a heater next to the wall. They extinguished the flame and then seized D who was a short distance away. D allegedly stated, 'You didn't see anything. You can't prove anything. You guys are crazy.' D admitted at trial that he was drunk at the time of the incident but denied setting the fire. D was charged with arson. The court instructed the jury on four alternate forms of verdicts: felony negligent arson, 'attempted felony negligent arson', misdemeanor negligent arson, and 'attempted misdemeanor negligent arson.' D was found guilty of 'attempted misdemeanor negligent arson.' D appealed.

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