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STATE v. LeCLAIR

No. 96-420.

702 A.2d 628 (1997)

STATE of Vermont v. Jeffrey L. LeCLAIR.

Supreme Court of Vermont.

August 1, 1997.

Attorney(s) appearing for the Case

Robert L. Sand, Department of State's Attorneys, Montpelier, for plaintiff-appellant.

Robert Appel, Defender General, and William A. Nelson, Appellate Attorney, Montpelier, for defendant-appellee.

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

DOOLEY, Justice.

The State brings this interlocutory appeal from an order of the Vermont District Court, Franklin Circuit, dismissing a repeat-offender prosecution for driving with a suspended license (DLS) in violation of 23 V.S.A. § 674(c) because one of the prior predicate adjudications was vacated. The State argues that the third DLS adjudication allows criminal penalties under § 674(c) even if one or both of the earlier adjudications were invalid. The...

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