Legal Opinion

State v. Martinez

Montana Supreme Court

Decided November 5, 1998No. 97-332PublishedCited by 19 opinions

1Opinion of the CourtJustice Gray

¶1 Vincent Martinez (Martinez) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on a jury verdict finding him guilty of felony assault and criminal endangerment. We affirm.

¶2 We address the following issues:

¶3 1. Did the District Court err in refusing Martinez’s proposed jury instruction on misdemeanor assault as a lesser included offense of felony assault?

¶4 2. Did the District Court err in refusing Martinez’s proposed jury instruction on negligent endangerment as a lesser included offense of criminal endangerment?

¶5 3. Did the District Court…

2Cases cited6 opinions

  1. State v. FischMontana Supreme Court · 1994
  2. State v. SchmalzMontana Supreme Court · 1998
  3. State v. MergenthalerMontana Supreme Court · 1994
  4. State v. Aloysius Big HairMontana Supreme Court · 1998
  5. State v. TimblinMontana Supreme Court · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. BeaversMontana Supreme Court · 1999
  2. State v. StraussMontana Supreme Court · 2003
  3. State v. JayMontana Supreme Court · 2013
  4. State v. CameronMontana Supreme Court · 2005
  5. State v. SwensenMontana Supreme Court · 2009

14 more not listed; retrieve them via the Exa API.

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