ENTRY ORDER
Defendant was charged with grossly negligent operation of a motor vehicle, death resulting. See 23 V.S.A. § 1091(b). He filed a motion to dismiss for lack of a prima facie case, pursuant to V.R.Cr.P. 12(d), arguing that the facts could not support a finding of gross negligence. The district court granted defendant's motion and held that the case would proceed on the theory of negligent operation. See 23 V.S.A. § 1091(a). The State requested...
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