STATE v. HIGGINS

No. 85-142.

519 A.2d 1164 (1986)

STATE of Vermont v. Daniel HIGGINS.

Supreme Court of Vermont.

Reargument Denied December 8, 1986.


Attorney(s) appearing for the Case

Cecelia L. Cunningham and Alan C. Abare, Windham County Deputy State's Attorneys, Brattleboro, for plaintiff-appellee.

Dorsch and Hertz, Brattleboro, and Martin and Paolini, Barre, for defendant-appellant.

Before ALLEN, C.J., and HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


PER CURIAM.

On April 17, 1984, defendant submitted a plea of nolo contendere to one count of lewd and lascivious conduct with a minor; a judgment of guilty was entered and defendant received a deferred sentence of five years. On February 26 and March 6, 1985, at a probation revocation hearing in the Windham District Court, defendant was found to have violated three conditions of his probation:

8. You shall participate fully in any program to which you may...

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