State v. Freiburg

Justice Jim Rice delivered the Opinion of the Court.

¶1 *1235Jacob Freiburg appeals his conviction after jury trial in the First Judicial District Court, Lewis and Clark County, of Criminal Child Endangerment (Child Endangerment) by driving under the influence (DUI), a felony. We reverse and remand, addressing the following issue:

Did the District Court err by refusing to give lesser-included offense instructions for DUI and DUI per se?

FACTUAL AND PROCEDURAL BACKGROUND

¶2 In the evening of August 1, 2015, Deputy Joyce of the Lewis and Clark County Sheriff's Office was patrolling in the area of Canyon…