State v. Free

749 A.2d 622 (2000)

STATE of Vermont

v.

Chad S. FREE.

No. 99-183.

Supreme Court of Vermont.

February 17, 2000.

Present AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

ENTRY ORDER

Defendant was charged with grossly negligent operation of a motor vehicle, death resulting. See 23 V.S.A. § 1091(b). He filed a motion to dismiss for lack of a prima facie case, pursuant to V.R.Cr.P. 12(d), arguing that the facts could not support a finding of gross negligence. The district court granted defendant's motion and held that the case would proceed on the theory of negligent operation. See 23 V.S.A. §…