STATE v. DEVOID

No. 09-208.

8 A.3d 1076 (2010)

2010 VT 86

STATE of Vermont v. Carl DEVOID, Jr.

Supreme Court of Vermont.

September 17, 2010.


Attorney(s) appearing for the Case

Ross A. Feldmann of Gravel and Shea, Special Deputy State's Attorney, and Thomas J. Donovan, Jr. , Chittenden County State's Attorney, Burlington, for Plaintiff-Appellee.

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

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


DOOLEY, J.

¶ 1. Defendant Carl Devoid, Jr. appeals his jury conviction for attempted voyeurism, a crime that the State did not originally charge, but that the court instructed the jury could find was committed. Among other arguments, defendant contends that the evidence at trial does not support the conviction. We agree and reverse.

¶ 2. Complainant resides on the second floor of an apartment building located in a secluded area in Colchester, Vermont...

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