MORSE, Justice.
The principal issue before us is whether 13 V.S.A. § 7041 violates the separation-of-powers doctrine by conditioning the trial court's deferral of a criminal sentence upon the concurrence of the state's attorney. Defendant was convicted by jury of delivering more than one-half ounce of marijuana, in violation of 18 V.S.A. § 4230(b)(2). The trial judge stated that the facts and circumstances of this case warranted a deferred sentence, but...
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