STATE v. SMAAGE

No. 95-455.

915 P.2d 192 (1996)

STATE of Montana, Plaintiff and Respondent, v. Shawn Kevin SMAAGE, Defendant and Appellant.

Supreme Court of Montana.

Decided April 15, 1996.


Attorney(s) appearing for the Case

J. Mayo Ashley, Helena, for Appellant.

Joseph P. Mazurek, Attorney General; Patricia J. Jordan, Assistant Attorney General, Helena, Mike McGrath, County Attorney; Vicki Frazier, Deputy County Attorney, Helena, for Respondent.


TURNAGE, Chief Justice.

Shawn Smaage was convicted of felony criminal endangerment in a bench trial in the First Judicial District Court, Lewis and Clark County. He appeals. We affirm.

The issue is whether Smaage was incorrectly charged under the criminal endangerment statute rather than under DUI statutes.

In the early morning hours of December 11, 1994, a citizen reported to the Helena, Montana, city police that he had just observed a man who appeared...

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