STATE v. PIERCE

No. 93-328.

657 A.2d 192 (1995)

STATE of Vermont v. Arthur PIERCE.

Supreme Court of Vermont.

January 20, 1995.


Attorney(s) appearing for the Case

Gary S. Kessler, Supervising Appellate Prosecutor and Robert L. Sand, Staff Atty., State's Attys. Dept., Montpelier, for plaintiff-appellee.

David C. Sleigh of Sleigh & Williams, St. Johnsbury, for defendant-appellant.

Robert Appel, Defender Gen. and William A. Nelson, Appellate Defender, Montpelier, for amicus curiae Vermont Defender Gen.

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


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases