STATE v. OREN

No. 92-113.

627 A.2d 337 (1993)

STATE of Vermont, v. Wanita OREN.

Supreme Court of Vermont.

Motion for Reargument Denied May 18, 1993.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and David E. Tartter, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Charles S. Martin of Martin & Paolini, P.C., Barre, for defendant-appellant.

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


JOHNSON, Justice.

This interlocutory appeal presents the question of whether a person may be found guilty of hindering a law enforcement officer, where the officer's commission has expired at the time of the offense. We agree with the trial court that the technically unqualified officer was an officer de facto. Therefore, we affirm the trial court's denial of defendant's motion to dismiss for lack of a prima facie case.

Defendant was charged with hindering...

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