STATE v. BARIL

No. 88-032.

583 A.2d 621 (1990)

STATE of Vermont v. Darren BARIL.

Supreme Court of Vermont.

October 26, 1990.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Susan R. Harritt, Asst. Atty. Gen., and Gayle Middleton, Law Clerk (on the brief), Montpelier, for plaintiff-appellee.

Daniel Albert, Public Defender, St. Albans, for defendant-appellant.

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


ALLEN, Chief Justice.

A jury convicted defendant of driving a motor vehicle under the influence of alcohol (DUI). The conviction was his second within five years. Accordingly, the trial court sentenced defendant as a second offender pursuant to 23 V.S.A. § 1210(c). Defendant appeals his sentence and asks that the case be remanded for resentencing before a different judge. We affirm.

In July 1986, defendant was involved in a two-car accident and was subsequently...

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