STATE v. MUMLEY

No. 87-234.

571 A.2d 44 (1989)

STATE of Vermont v. Mark B. MUMLEY.

Supreme Court of Vermont.

Motion for Reargument Denied November 15, 1989.

Renewed Motion for Reargument Denied December 8, 1989.

Motion for Stay of Mandate Denied December 22, 1989.


Attorney(s) appearing for the Case

Howard VanBenthuysen, Franklin County State's Atty., St. Albans, and Gary S. Kessler and Jo-Ann Gross, Law Clerk on the brief, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Michael Rose, St. Albans, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


MORSE, Justice.

The sole issue in this appeal from a DUI conviction is whether defendant adequately waived his right to testify. We believe that he did, and accordingly affirm.

At the close of the State's evidence, defense counsel informed the court, out of defendant's presence, that the defense would present no evidence to the jury. The court thereupon discussed the jury charge, noting: "I still have to ask the defendant whether he wants me to make any particular...

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