State v. Rooney

Defendant Ronald Rooney appeals from an order of the district court denying his motion to *507dismiss a charge of inciting another to aid in the commission of a felony. Defendant argues that even if all the facts alleged by the State are true, such allegations do not amount to a crime. Despite defendant’s attempt to characterize his motion as a challenge to the sufficiency of the evidence pursuant to V.R.Cr.P. 12(d), the motion is more akin to a challenge of the initial determination of probable cause set forth in V.R.Cr.P. 4(b) and 5(e). Accepting the facts alleged by the State as true, we…