State v. Giffin
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The Supreme Court reversed the order of the district court granting Defendant's motion to dismiss the criminal endangerment charge against him, holding that, under a de novo standard of review, the State alleged sufficient facts in support of its charge of criminal endangerment to withstand a motion to dismiss.
The State filed an information charging Defendant with felony criminal endangerment under Mont. Code Ann. 45-5-207(1). Defendant filed a motion to dismiss the charge on the grounds that there were no facts establishing probable cause that he had committed the offense of criminal endangerment. The district court granted the motion to dismiss without providing reasons for its decision. The Supreme Court reversed, holding that the State established a probability that Defendant committed the offense of criminal endangerment.
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