IN RE MOULTON

No. 91-328.

613 A.2d 705 (1992)

In re Allen MOULTON.

Supreme Court of Vermont.

June 26, 1992.


Attorney(s) appearing for the Case

Charles Martin of Martin & Paolini, Barre, for petitioner-appellee.

Marc D. Brierre, Rutland County Deputy State's Atty., Rutland, for respondent-appellant.

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


ALLEN, Chief Justice.

The State appeals from a superior court order granting petitioner's motion for post-conviction relief. We agree with its arguments that counsel had no duty to inform petitioner regarding parole eligibility and that the court's conclusion that petitioner relied on a material misunderstanding is not supported by its findings. We therefore reverse and remand.

Petitioner was arraigned on a charge of sexual assault, and retained private counsel...

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