STATE v. THOMPSON

No. 86-490.

556 A.2d 95 (1989)

STATE of Vermont v. Walter THOMPSON.

Supreme Court of Vermont.

January 6, 1989.


Attorney(s) appearing for the Case

Jane Woodruff, Washington County Deputy State's Atty., Barre, for plaintiff-appellee.

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

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


BARNEY, Chief Justice (Ret.), Specially Assigned.

Defendant pleaded guilty to sexual assault of a girl less than sixteen years old. He now appeals the sentencing as unconstitutional because there was evidence of the factual circumstances of the criminal act presented to the judge at the sentencing hearing. Defendant did not file a motion to modify the sentence under V.R.Cr.P. 35, but instead took an appeal in accordance with V.R.A.P. 3 and 13 V.S.A. § 7401. Jurisdiction...

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