State v. Coluccio

¶1 After trial by jury, Michael James Coluccio, II, was convicted in the Fourth Judicial District Court, Missoula County, of the offense of vehicular homicide while under the influence. Coluccio appeals the following issues:

¶2 Issue 1: Did the District Court err in instructing the jury on the element of criminal negligence?

¶3 Issue 2: Did the District Court err in denying Coluccio’s motion to dismiss for insufficient evidence?

¶4 Issue 3: Did the District Court err in imposing restitution?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 Around 4:30 p.m. on July 14, 2007, Coluccio was driving his Chevrolet…