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STATE v. COLUCCIO

No. DA 08-0110.

214 P.3d 1282 (2009)

2009 MT 273

STATE of Montana, Plaintiff and Appellee, v. Michael James COLUCCIO, II, Defendant and Appellant.

Supreme Court of Montana.

Decided August 17, 2009.

Attorney(s) appearing for the Case

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

For Appellee: Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg, Assistant Attorney General, Helena, Montana Fred R. Van Valkenburg, Missoula County Attorney, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 After trial by jury, Michael James Coluccio, II, was convicted in the Fourth Judicial District Court, Missoula County, of the offense of vehicular homicide while under the influence. Coluccio appeals the following issues:

¶ 2 Issue 1: Did the District Court err in instructing the jury on the element of criminal negligence?

¶ 3 Issue 2: Did the District Court err in denying Coluccio...

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