STATE v. MOLENDA

No. DA 10-0188.

243 P.3d 387 (2010)

2010 MT 215

358 Mont. 1

STATE of Montana, Plaintiff and Appellee, v. Todd MOLENDA, Defendant and Appellant.

Supreme Court of Montana.

Decided October 20, 2010.


Attorney(s) appearing for the Case

For Appellant: Meghan Lulf Sutton , Law Office of Meghan Sutton; Great Falls, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Mardell Ployhar , Assistant Attorney General; Brant Light , Assistant Attorney General, Chief, Prosecution Services Bureau; Helena, Montana.


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

¶ 1 The State charged Todd Molenda (Molenda) with accountability to criminal endangerment for hitting, kneeing, and kicking a man who intervened in a fight. Before trial, Molenda filed proposed jury instructions requesting that the jury be instructed on assault as a lesser included offense of criminal endangerment. The District Court denied Molenda's request for an instruction on assault as a lesser...

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