STATE v. NEALE

No. 82-222.

491 A.2d 1025 (1985)

STATE of Vermont v. Michael J. NEALE.

Supreme Court of Vermont.

March 1, 1985.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., and Robert V. Simpson, Jr., Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Nancy E. Kaufman, Montpelier, for defendant-appellant.

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


HILL, Justice.

The defendant appeals his conviction for knowingly and unlawfully cultivating a regulated drug in violation of 18 V.S.A. § 4224(g). We affirm the conviction but remand the case for resentencing.

The pertinent facts are as follows. In the early evening of August 21, 1981, Orange County Sheriff Gerald Eldred was notified by Mark Durkee, a local farmer, that marijuana was growing in a garden located in a field used by Durkee to pasture his...

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