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STATE v. MARTIN

No. 04-405.

944 A.2d 867 (2007)

2007 VT 96

STATE of Vermont v. George Dean MARTIN.

Supreme Court of Vermont.

Motion for Reargument Denied September 27, 2007.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and David Tartter, Assistant Attorney General, Montpelier, and John T. Quinn, Addison County State's Attorney, and Whitney K. Lunsford, Deputy State's Attorney, Middlebury, for Plaintiff-Appellee.

William A. Nelson, Middlebury, and Rubin Kidney Myer & DeWolfe, Barre, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON and BURGESS, JJ., and GIBSON, J. (Ret.), Specially Assigned.

¶ 1. BURGESS, J.

Defendant was charged, convicted, and sentenced on two counts of boating while intoxicated, 23 V.S.A. § 3323, death resulting (BWI/Fatal), id. § 3317(f), after the boat he was operating on July 4, 2002 capsized, resulting in the deaths of two children. On appeal from his conviction and sentence, defendant claims the trial court erred by: (1) finding jurisdiction in Vermont beyond a reasonable doubt; (2) denying defendant adequate...

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