State v. Hocter

¶1 Alicia Hocter appeals from her conviction in the District Court, Eighth Judicial District, Cascade County. We affirm.

ISSUE

¶2 Hocter raises two issues on appeal:

¶3 1. Did the District Court err when it denied Hocter’s motion to dismiss the charge of criminal endangerment?

¶4 2. Whether the District Court erred in instructing the jury on criminal endangerment predicated on a defendant’s omission or failure to act.

BACKGROUND

¶5 On March 4,2009, the State filed an information charging Hocter with attempted deliberate homicide, §§45-5-102 and 45-4-103, MCA (2007), and, in the alternative,…