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Supco upholds vehicular homicide conviction

By Associated Press
Published On: Mar 07 2013 08:48:49 AM MST
BRIAN HOLM
HELENA, Mont. -

 The Montana Supreme Court has upheld a Lolo man's conviction for vehicular homicide while under the influence in the November 2010 death of a pedestrian in Missoula.
    
Brian Holm appealed his conviction, arguing the District Court denied his constitutional right to effective assistance of counsel by denying his request for a continuance to give a new attorney time to prepare.
    
The state argued and the District Court agreed it appeared Holm was just trying to delay his trial in the death of 24-year-old Brian Beaver of Aberdeen, Wash. The Supreme Court upheld the lower court ruling on Tuesday.
    
Holm was sentenced in September 2011 to 15 years in prison, but was free pending his appeal.
    
Holm was to undergo heart surgery last month. His attorney, Richard Buley, did not immediately return a phone message seeking comment Wednesday.