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IN RE COLLETTE

No. 07-040.

969 A.2d 101 (2008)

2008 VT 136

In re Paul COLLETTE.

Supreme Court of Vermont.

Motion for Reargument Denied December 30, 2008.

Attorney(s) appearing for the Case

Matthew F. Valerio, Defender General, Dawn Matthews, Prisoners' Rights Office, and Robert Gardner, Law Clerk (on the Brief), Montpelier, for Petitioner-Appellant.

Thomas Donovan, Jr., Chittenden County State's Attorney, and Pamela Hall Johnson, Deputy State's Attorney, Burlington, for Respondent-Appellee.

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

¶ 1. BURGESS, J.

Petitioner appeals from the trial court's dismissal of his request for post-conviction relief (PCR) pursuant to 13 V.S.A. § 7131. Petitioner complained that his sentence for Driving Under the Influence-Second Offense (DUI-2) was enhanced on account of an improper prior conviction for a first offense of DUI-1, claiming the earlier plea of guilty was uncounselled in violation of the Sixth Amendment, and without the recitations necessary for...

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