STATE v. SAARI

Nos. 86-511, 86-512.

568 A.2d 344 (1989)

STATE of Vermont v. Trent SAARI. STATE of Vermont v. Patrick BRANCH.

Supreme Court of Vermont.

September 15, 1989.


Attorney(s) appearing for the Case

Shelley A. Hill, Windsor County State's Atty., White River Junction, for plaintiff-appellant.

Walter M. Morris, Jr., Defender Gen., and Henry Hinton, Appellate Defender, Montpelier, for amicus curiae.

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


PECK, Justice.

In this appeal, the State consolidated two misdemeanor cases, one a driving offense and the other a simple assault on a police officer. In each case, the trial judge ignored the minimum sentence mandated by the legislature, and imposed a lesser sentence, finding that the statutory minimum sentences violated the proportionality clause of Vermont's constitution and violated defendants' rights to allocution. The State filed motions to reconsider the sentences...

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