STATE v. DESJARDINS

No. 83-195.

479 A.2d 160 (1984)

STATE of Vermont v. Robert E. DESJARDINS.

Supreme Court of Vermont.

June 8, 1984.


Attorney(s) appearing for the Case

Dena Monahan, Chittenden County Deputy States Atty., Burlington, for plaintiff-appellee.

Andrew B. Crane, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

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


BILLINGS, Chief Justice.

Defendant appeals from an order of the Chittenden District Court denying his motion to reconsider sentence. The court held that it was without jurisdiction to hear the motion because more than 90 days had elapsed since the defendant's conviction had been affirmed by this Court. V.R. Cr.P. 35(b). Defendant argues that the court's strict reading of V.R.Cr.P. 35(b) contravenes the rule's ameliorative purposes and the legislative intent. The State...

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