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STATE v. DAY

No. 85-023.

511 A.2d 995 (1986)

STATE of Vermont v. Darrell DAY.

Supreme Court of Vermont.

April 18, 1986.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Herbert W. Olson, Asst. Atty. Gen., Waterbury, for plaintiff-appellee.

Martin & Paolini, Barre, for defendant-appellant.

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

GIBSON, Justice.

In November 1983, defendant pleaded nolo contendere to a charge of burglary. In exchange for defendant's plea, the prosecutor agreed to dismiss several other charges. A written plea agreement between defendant and a deputy state's attorney recommended disposition in the following terms:

2-4 years; 18 months to serve beginning [November 28, 1983]; balance suspended; probation; pro-rata restitution in [amount] to be determined by Probation...

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