Martinez’s strike three, inflating his five-year maximum to 15, plus an extra year for the reckless use of fire. So what seemed on its face to be a minor infraction suddenly became Mr. Martinez complicated his own defense by telling a local TV station that he had torched the flag because he didn’t like gay people and had “burned down their pride, plain and simple.” In response, the judge increased the misdemeanor arson charge to a hate-crime charge-a felony, normally carrying a maximum of five years in prison. Martinez of three misdemeanors-third-degree arson, for which the maximum penalty is two years in prison, along with third-degree harassment and the reckless use of fire, each subject to a maximum one-year term. He had two felony convictions, and Iowa law deems any three-time felon an “habitual offender,” subject to enhanced sentencing.
Martinez, 30, has a long criminal history, which partly explains the long sentence.
