STATE v. BAKER

No. 88-616.

579 A.2d 479 (1990)

STATE of Vermont v. Timothy R. BAKER.

Supreme Court of Vermont.

June 1, 1990.


Attorney(s) appearing for the Case

William Sorrell, Chittenden County State's Atty., Burlington, and Rosemary Hull and Gary S. Kessler, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Walter M. Morris, Jr., Defender Gen., and Daniel Smith, Montpelier, for defendant-appellant.

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


DOOLEY, Justice.

Defendant appeals from a jury conviction of operating a motor vehicle while his license was suspended (DLS), in violation of 23 V.S.A. § 674(a). He alleges two errors: (1) the trial court placed the burden of proving the necessity defense upon him rather than requiring the State to disprove the existence of the defense; and (2) the court refused to consider community service as an alternative to imprisonment. We reject both claims and affirm...

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