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STATE v. RAMSAY

No. 83-359.

499 A.2d 15 (1985)

STATE of Vermont v. John RAMSAY.

Supreme Court of Vermont.

Reargument Denied July 16, 1985.

Opinion Concurring in the Result August 2, 1985.

Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., Elizabeth Grant Rome, Asst. Atty. Gen., and David Tartter, on brief, Montpelier, for plaintiff-appellee.

Mickenberg, Dunn, Sirotkin & Kupersmith, Burlington, for defendant-appellant.

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

GIBSON, Justice.

Defendant was convicted at a trial by jury of two counts of simple assault in violation of 13 V.S.A. § 1023(a)(1). He raises three claims on appeal: (1) the United States and Vermont Constitutions bar the charges on double jeopardy grounds; (2) prosecutorial impropriety deprived him of his right to a fair trial; and (3) the sentencing court's consideration of allegations of assaults by defendant "over a period of time" violated the rule of

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