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STATE v. HIGGINS

Nos. 87-060, 87-451.

588 A.2d 1062 (1991)

STATE of Vermont v. Daniel HIGGINS.

Supreme Court of Vermont.

March 1, 1991.

Attorney(s) appearing for the Case

Dan Davis, Windham County State's Atty., Brattleboro, and Gary Kessler and Pamela Hall Johnson, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

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

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

MORSE, Justice.

The sole issue we address in this appeal is whether the trial court misinterpreted our remand in State v. Higgins, 147 Vt. 506, 519 A.2d 1164 (1986). We find that our remand was not followed and accordingly reverse and remand.

In 1984, defendant pled nolo contendere to one count of lewd and lascivious conduct with a minor and was given a deferred sentence of five years by Judge Grussing. He subsequently...

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