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STATE v. CHILD

No. DA 08-0408.

207 P.3d 339 (2009)

2009 MT 148

350 Mont. 369

STATE of Montana, Plaintiff and Appellant, v. Troy Jay CHILD, Defendant and Appellee.

Supreme Court of Montana.

Decided April 29, 2009.

Attorney(s) appearing for the Case

For Appellant: Hon. Steve Bullock, Montana Attorney General; Micheal S. Wellenstein, Assistant Attorney General; Helena, Montana, Monte J. Boettger, Petroleum County Attorney, Lewistown.

For Appellee: Jim Wheelis, Chief Appellate Defender; Koan Mercer, Assistant Appellate Defender; Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from the District Court's order granting defendant Troy Jay Child's (Child) motion to dismiss three counts of vehicular homicide while under the influence and one count of perjury. We reverse.

BACKGROUND

¶ 2 The State charged Child with three counts of vehicular homicide and one count of perjury. Child pleaded not guilty.

¶ 3 On...

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