STATE v. POWELL

No. 96-475.

707 A.2d 272 (1997)

STATE of Vermont v. Aaron J. POWELL.

Supreme Court of Vermont.

November 26, 1997.


Attorney(s) appearing for the Case

Jan R. Paul, Essex County State's Attorney, St. Johnsbury, for plaintiff-appellee.

Rachel A. Hexter of Franco & Hexter, P.C., Newport, for defendant-appellant.

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


JOHNSON, Justice.

Defendant appeals his conviction of felony escape (13 V.S.A. § 1501(a)(2)) on the grounds that (1) when he escaped he was not "in custody as a result of a felony" within the meaning of the statute, and (2) the court erred by denying his motion to enforce a deferred-sentencing agreement. We affirm.

On September 15, 1994, defendant's girlfriend called the police and alleged that defendant had assaulted her. An officer arrived and arrested...

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