STATE v. LAFOUNTAIN

No. 92-574.

628 A.2d 1243 (1993)

STATE of Vermont, v. Christopher J. LAFOUNTAIN, et al.

Supreme Court of Vermont.

Motion for Stay Denied June 1, 1993.


Attorney(s) appearing for the Case

Scot Kline, Chittenden County State's Atty., and Pamela Hall Johnson, Deputy State's Atty., Burlington, and Gary Kessler, Supervising Appellate Prosecutor, and Peter L. Potts, Legal Intern, Montpelier, for plaintiff-appellee.

E.M. Allen, Defender General, and William Nelson, Appellate Atty., Montpelier, for defendant-appellant.

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


ALLEN, Chief Justice.

Defendant Lafountain brings this interlocutory appeal from an order denying his motion to dismiss a misdemeanor charge of driving with a suspended license (DLS) in violation of 23 V.S.A. § 674(b). Defendant's primary argument is that the State's use of his two prior uncounseled civil violations to enhance the penalty for a third charge violates his constitutional rights to counsel and due process. Defendant also challenges the sufficiency...

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