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STATE v. SYNNOTT

No. 03-113.

872 A.2d 874 (2005)

2005 VT 19

STATE of Vermont v. Stephen SYNNOTT

Supreme Court of Vermont.

February 4, 2005.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and David Tartter, Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Bradley S. Stetler of Stetler, Allen & Kampmann, Burlington, for Defendant-Appellant.

Present: DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.) and GIBSON, J. (Ret.), Specially Assigned.

ALLEN, C.J. (Ret.), Specially Assigned.

¶ 1. Defendant appeals a jury verdict finding him guilty of lewd and lascivious behavior, second degree unlawful restraint, and attempted sexual assault. He argues that (1) the trial court abused its discretion by admitting evidence of him touching his genitals and acting strangely in a holding cell at the police station following the alleged assault; (2) the unlawful restraint conviction cannot stand independent of the...

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