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STATE v. SOMMER

No. 09-417.

27 A.3d 1059 (2011)

2011 VT 59

STATE of Vermont v. Gregory SOMMER.

Supreme Court of Vermont.

Motion for Reargument Denied August 1, 2011.

Attorney(s) appearing for the Case

William H. Sorrell , Attorney General, Montpelier, and Emily A. Carr , Assistant Attorney General, Waterbury, for Plaintiff-Appellee.

Matthew F. Valerio , Defender General, and Seth Lipschutz , Prisoners' Rights Office, Montpelier, for Defendant-Appellant.

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

DOOLEY, J.

¶ 1. Defendant Gregory Sommer appeals from the trial court's dismissal of his motion requesting sentence reconsideration and seeking a court order that the Vermont Department of Corrections (DOC) apply credit to his sentence for the time he spent incarcerated while awaiting sentencing. The court dismissed the motion for lack of jurisdiction. Defendant argues that the trial court did not lack jurisdiction over the motion and should have reached the...

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