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STATE v. ZINK

No. DA 12-0257.

319 P.3d 596 (2014)

2014 MT 48

STATE of Montana, Petitioner and Appellant, v. Thomas L. ZINK, Respondent and Appellee.

Supreme Court of Montana.

Decided February 25, 2014.

Attorney(s) appearing for the Case

For Appellant: Chad Wright , Wright Legal, P.C., Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Katie F. Schulz , Assistant Attorney General, Helena, Montana, Ed Corrigan , Flathead County Attorney, Travis Ahner , Deputy County Attorney, Kalispell, Montana.

BACKGROUND

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 The State of Montana charged Thomas Zink (Zink) by Information with aggravated assault against his wife pursuant to § 45-5-202(1), MCA. The State later moved to amend the Information to add a criminal endangerment charge pursuant § 45-5-207(1), MCA. Before trial, Zink moved to dismiss the endangerment charge as a lesser-included offense of aggravated assault...

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