STATE v. BOSKIND

No. 98-470 & 99-335.

807 A.2d 358 (2002)

STATE of Vermont v. Jethro S. BOSKIND. State of Vermont v. John S. Boardman.

Supreme Court of Vermont.

Motion to Reconsider and Clarify Granted August 28, 2002.


Attorney(s) appearing for the Case

Jane Woodruff, Department of State's Attorneys, Montpelier (98-470), Lauren Bowerman, Chittenden County State's Attorney, Burlington, and John R. Treadwell, Assistant Attorney General, Montpelier (99-335), for Plaintiff-Appellee.

Robert Appel, Defender General, and William A. Nelson, Appellate Attorney, Montpelier (98-470), and Paul D. Jarvis of Jarvis and Kaplan, Burlington (99-335), for Defendants-Appellants.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


AMESTOY, C.J.

In these consolidated cases, defendants appeal their enhanced convictions for driving while intoxicated. The appeals present four significant issues: (1) whether a defendant can challenge a prior conviction used to enhance a sentence when the challenge is based on a claim other than a violation of right to counsel; (2) when a defendant has a right to challenge a prior conviction the State intends to rely upon for sentence enhancement, whether the proper...

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