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STATE v. MARTINEZ

No. 97-332.

968 P.2d 705 (1998)

1998 MT 265

STATE of Montana, Plaintiff and Respondent, v. Vincent MARTINEZ, Defendant and Appellant.

Supreme Court of Montana.

Decided November 5, 1998.

Attorney(s) appearing for the Case

William A. D'Alton, Deputy Public Defender, Billings, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Pam Collins, Assistant Attorney General, Helena; Dennis Paxinos, Yellowstone County Attorney, Billings, for Plaintiff and Respondent.

GRAY, Justice.

¶ 1 Vincent Martinez (Martinez) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on a jury verdict finding him guilty of felony assault and criminal endangerment. We affirm.

¶ 2 We address the following issues:

¶ 3 1. Did the District Court err in refusing Martinez's proposed jury instruction on misdemeanor assault as a lesser included offense of felony assault?

...

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