IN RE JONES

No. 08-504.

989 A.2d 482 (2009)

2009 VT 113

In re Stewart JONES.

Supreme Court of Vermont.

November 6, 2009.


Attorney(s) appearing for the Case

Matthew Valerio, Defender General, Seth Lipschutz, Prisoners' Rights Office, and Laura Ceva, Law Clerk, Montpelier, for Petitioner-Appellee.

William H. Sorrell, Attorney General, and John Treadwell, Assistant Attorney General, Montpelier, for Respondent-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. SKOGLUND, J.

The State appeals from a decision of the Windsor Superior Court granting petitioner post-conviction relief (PCR) on the grounds that his convictions for burglary and unlawful restraint are void. The superior court held that the criminal limitations period, set out in 13 V.S.A. §§ 4501 and 45031, could not be waived. We affirm.

¶ 2. The facts of the...

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