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STATE v. RHEAUME

No. 02-400.

853 A.2d 1259 (2004)

2004 VT 35

STATE of Vermont v. Roy M. RHEAUME.

Supreme Court of Vermont.

April 9, 2004.

Attorney(s) appearing for the Case

Derk A. Wadas, Franklin County Deputy State's Attorney, St. Albans, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, and Anna Saxman, Deputy Defender General, Montpelier, for Defendant-Appellant.

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

¶ 1. DOOLEY, J.

Defendant Roy Rheaume was convicted by a jury of driving under the influence of alcohol (DUI), 23 V.S.A. § 1201; this DUI conviction was defendant's third and accordingly classified as a felony. See 23 V.S.A. § 1210(d) (person convicted of three or more DUIs shall be fined not more than $2,500 or imprisoned not more than five years, or both); 13 V.S.A. § 1 ("any offense whose maximum term of imprisonment is more than two years ...

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