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STATE v. SELLNER

No. 97-119.

951 P.2d 996 (1997)

STATE of Montana, Plaintiff and Respondent, v. Gordon D. SELLNER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 29, 1997.

Attorney(s) appearing for the Case

Don Vernay, Big Fork, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, Deborah Kim Christopher, County Attorney, Mitchell A. Young, Deputy County Attorney, Polson, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

In proceedings before the Twentieth Judicial District Court, Lake County, Gordon D. Sellner was charged with attempted deliberate homicide and criminal endangerment. A jury found him guilty of attempted deliberate homicide, and he appeals. We affirm.

Sellner argues that his trial counsel failed to request jury instructions on attempted mitigated deliberate homicide and aggravated assault as lesser included offenses, thus violating Sellner...

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