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STATE v. SHERWOOD

No. 00-500.

800 A.2d 463 (2002)

STATE of Vermont v. Mark K. SHERWOOD.

Supreme Court of Vermont.

Motion for Reargument and Petition for Extraordinary and Injunctive Relief Denied May 21, 2002.

Attorney(s) appearing for the Case

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

Robert Appel, Defender General, William A. Nelson, Appellate Attorney, and Lori Lustberg (On the Brief), Montpelier, for Defendant-Appellant.

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

AMESTOY, C.J.

In this appeal from defendant's conditional nolo contendere plea for driving under the influence of intoxicating liquor ("DUI") we are asked to decide whether the State's videotaping of defendant's telephone conversation with his attorney violates the statutory right to counsel under 23 V.S.A. § 1202(c) warranting dismissal of the charges or suppression of defendant's refusal to submit to a breath test. Because we agree with the district court's...

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