STATE v. DUVAL

No. 88-006.

589 A.2d 321 (1991)

STATE of Vermont v. Reginald DUVAL.

Supreme Court of Vermont.

February 15, 1991.


Attorney(s) appearing for the Case

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

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

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


MORSE, Justice.

Defendant claims, in this appeal from a sentence for driving under the influence (DUI), that his rights to assistance of counsel and freedom from double jeopardy were violated when the sentencing judge failed to honor a prior determination that defendant would not be incarcerated. We affirm.

On October 5, 1987, defendant appeared for arraignment on a charge of DUI before Judge Wolchik, who denied defendant's request for assistance of counsel...

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