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STATE v. HANCE

No. 90-242.

596 A.2d 365 (1991)

STATE of Vermont v. Henry J. HANCE.

Supreme Court of Vermont.

July 19, 1991.

Attorney(s) appearing for the Case

Marc D. Brierre, Rutland County Deputy State's Atty., Rutland, for plaintiff-appellee.

Kenneth Schatz, Acting Defender Gen. and Anna E. Saxman, Appellate Atty., Montpelier, for defendant-appellant.

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

DOOLEY, Justice.

Defendant, Henry Hance, appeals from the trial court's denial of his motion under V.R.Cr.P. 35 and 13 V.S.A. § 7042 for sentence reconsideration. The sole issue is whether a criminal defendant may expressly waive the right to sentence reconsideration in a plea agreement in which the State and the defendant jointly agree to a recommended sentence. We hold that such a waiver is valid and affirm.

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