MARDEN v. WALTON

No. 82-189.

455 A.2d 321 (1982)

Dennis MARDEN v. A. James WALTON, Commissioner of Corrections.

Supreme Court of Vermont.

Reargument Denied December 14, 1982.


Attorney(s) appearing for the Case

Steve Dunham, Franklin County Public Defender, St. Albans, Andrew B. Crane, Defender Gen., and Stephen Gould, Correctional Defender, Montpelier, for petitioner-appellee.

John J. Easton, Jr., Atty. Gen., Montpelier, Alan B. Coulman, Elizabeth Grant Rome, Susanne R. Young and Diana Cameron Agnew (on the brief), Asst. Attys. Gen., Waterbury, for respondent-appellant.

Before BILLINGS, HILL, UNDERWOOD and PECK, JJ., and LARROW, J. (Ret.), Specially Assigned.


PECK, Justice.

This appeal by the Commissioner of the Vermont Department of Corrections (State) is from a summary judgment by the Washington Superior Court granting petitioner-appellee (petitioner) credit against his sentence for an offense committed in 1978. The credited time was based on the period during which he was incarcerated on a bail mittimus for a subsequent offense committed in 1979 while he was on probation for the earlier crime. The effect of the judgment...

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