STATE v. BUSHWAY

No. 83-346.

505 A.2d 660 (1985)

STATE of Vermont v. James D. BUSHWAY.

Supreme Court of Vermont.

December 6, 1985.


Attorney(s) appearing for the Case

Robert Andres, Chittenden Co. Deputy State's Atty., Burlington, for plaintiff-appellee.

Henry Hinton, Appellate Defender, Montpelier, for defendant-appellant.

Michael H. Lipson of Miller, Eggleston & Rosenberg, Ltd., Burlington, for amicus curiae Norton.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.


ALLEN, Chief Justice.

The defendant, James D. Bushway, appeals from the imposition of sentence upon his conviction for sexual assault. 13 V.S.A. § 3252(1)(A). After accepting a plea of nolo contendere, the trial court sentenced the defendant to eighteen to twenty years imprisonment. Defendant claims that two errors occurred during the course of his sentencing: first, that the sentencing court was improperly influenced by the victim's emotional statement about...

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