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STATE v. DRAKE

No. 86-442.

552 A.2d 780 (1988)

STATE of Vermont v. Leonard DRAKE.

Supreme Court of Vermont.

Motion for Reargument Denied July 22, 1988.

Attorney(s) appearing for the Case

Theresa St. Helaire, Bennington County Deputy State's Atty., Bennington, for plaintiff-appellee.

Walter M. Morris, Jr., Defender General, and William A. Nelson and Henry Hinton, Appellate Defenders, Montpelier, for defendant-appellant.

Before ALLEN, C.J., PECK, DOOLEY and MAHADY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

MAHADY, Justice.

The issue presented by this appeal is whether the State may present testimony at a criminal defendant's sentencing hearing as to prior alleged offenses for which the defendant has not been convicted. We hold that the State may do so if the defendant is provided at the sentencing hearing with an offer of use immunity protecting his own testimony and statements by way of allocution about such alleged prior criminal conduct. Here, no offer of immunity...

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