State v. Lambert

Following a jury trial in the Twenty-first Judicial District Court, Ravalli County, David B. Lambert (Lambert) was found guilty of criminal endangerment, a felony, and was sentenced to a term of years at the Montana State Prison. Lambert appealed.

We reverse and remand with instructions.

We address the following issue:

Did the District Court apply an incorrect mental state element to the offense of criminal endangerment?

FACTS

On August 20, 1994, Christine Peterson, along with her three children and a friend of theirs, was driving south on U.S. Highway 93 toward Darby, Montana, Peterson’s…