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ST. GELAIS v. WALTON

No. 84-363.

552 A.2d 782 (1988)

Dennis ST. GELAIS v. A. James WALTON, Comm. Vt. Dept. of Corrections: Raymond Pilette, Superintendent St. Johnsbury Corr. Center.

Supreme Court of Vermont.

August 5, 1988.

Attorney(s) appearing for the Case

Walter M. Morris, Jr., Defender Gen., and Barbara Ripley and Sandra E. Eschenbrenner, Defenders, Correctional Facilities, Montpelier, for plaintiff-appellee.

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

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

ALLEN, Chief Justice.

The State appeals the Caledonia Superior Court's grant of defendant's habeas corpus petition. We reverse and remand to reinstitute defendant's probation imposed by the Windsor District Court.

This case involves the proper method of aggregating defendant's sentence for his convictions for escape and burglary (the second sentence) with his underlying sentence for his convictions for grand larceny...

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