STATE v. FONTAINE

No. 97-043.

711 A.2d 667 (1998)

STATE of Vermont v. Steve A. FONTAINE.

Supreme Court of Vermont.

April 17, 1998.


Attorney(s) appearing for the Case

John T. Quinn, Addison County State's Attorney, Middlebury, for Plaintiff-Appellee.

Robert Appel, Defender General, Anna Saxman, Appellate Attorney, and Deborah Mans, Law Clerk (on the brief), Montpelier, for Defendant-Appellant.

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


MORSE, Justice.

Defendant Steve Fontaine was convicted of driving under the influence, death resulting, in violation of 23 V.S.A. §§ 1201(a)(2) and 1210(e). He appeals a probation condition requiring him to pay restitution for partial support to the victim's two minor children. He claims (1) the condition exceeds the statutory limits on restitution, (2) the evidence did not support the award, and (3) there was no proper inquiry into his ability to pay. While...

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