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STATE v. CROSS

No. 392-81.

451 A.2d 1149 (1982)

STATE of Vermont v. Leon Walter CROSS, Jr.

Supreme Court of Vermont.

Denial of Motion for Reargument October 5, 1982.

Attorney(s) appearing for the Case

William D. Wright and K. James Malady, Bennington County Deputy State's Attys., Bennington, for plaintiff-appellee.

Charles D. Carrington, Danby, for defendant-appellant.

Before BARNEY, C.J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

PECK, Justice.

Defendant Leon Cross, Jr., appeals from an order of the Bennington District Court denying his motion to withdraw his plea of guilty to the charge of simple assault. 13 V.S.A. § 1023(a)(1).

On June 10, 1981, defendant entered into a plea agreement with the prosecution. The agreement provided that in return for a plea of guilty to the charge (1) a presentence report would be ordered, V.R.Cr.P. 32(c)(1), (2) the State would concur with any...

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