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STATE v. TENNELL

No. DA 06-0304.

170 P.3d 965 (2007)

2007 MT 266

339 Mont. 381

STATE of Montana, Plaintiff and Appellee, v. Gary Curtis TENNELL, Defendant and Appellant.

Supreme Court of Montana.

Decided October 22, 2007.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender, Helena, Montana.

For Appellee: Honorable Mike McGrath, Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, Montana, George H. Corn, County Attorney; William E. Fulbright, Deputy County Attorney, Hamilton, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Gary Tennell (Tennell) was charged with one count of negligent homicide, in violation of § 45-5-104, MCA, and three counts of criminal endangerment, in violation of § 45-5-207, MCA. The charges arose after Tennell, while driving south on Highway 93, caused a fatal accident when he ran head-on into another vehicle after crossing into the oncoming lane of traffic. Tennell appeals his conviction...

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