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STATE v. LABOUNTY

No. 04-149.

892 A.2d 203 (2005)

2005 VT 124

STATE of Vermont v. Michael LaBOUNTY.

Supreme Court of Vermont.

November 18, 2005.

Attorney(s) appearing for the Case

James A. Hughes, Franklin County State's Attorney, St. Albans, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, Henry Hinton, Appellate Defender, and Ann E. Johnston, Law Clerk (on the Brief), Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and BURGESS, D.J., Specially Assigned.

JOHNSON, J.

¶ 1. Defendant Michael LaBounty appeals his conviction on two counts of grossly negligent operation of a motor vehicle. Defendant argues that the State could properly charge him with only one count of grossly negligent operation for a single act of negligent driving that resulted in serious bodily injury to two people. We reverse on one count and remand for further sentencing proceedings on the other.

¶ 2. Defendant was driving at an...

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