State v. G'STOHL

¶1 Defendant Bryon G’Stohl appeals the ruling of the District Court for the Thirteenth Judicial District, Yellowstone County, denying G’Stohl’s motion to dismiss a charge of criminal endangerment and rejecting G’Stohl’s as-applied vagueness challenge to Montana’s criminal endangerment statute, § 45-5-207, MCA.

¶2 The sole issue on appeal is whether the District Court erred in holding that § 45-2-207, MCA, is not unconstitutionally vague as applied to G’Stohl.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On the evening of December 6, 2006, after having consumed “a few alcoholic beverages,” G’Stohl…