State v. Free

Defendant was charged with grossly negligent operation of a motor vehicle, death resulting. See 23 V.S.A. § 1091(b). He filed a motion to dismiss for lack of a prima facie case, pursuant to V.R.Cr.P. 12(d), arguing that the facts could not support a finding of gross negligence. The district court granted defendant’s motion and held that the case would proceed on the theory of negligent operation. See 23 V.S.A. § 1091(a). The State requested permission to appeal, which the court granted. See 13 V.S.A. § 7403(b). On appeal, the State argues that the court erred because the evidence was…