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STATE v. CARROLTON

No. 10-441.

39 A.3d 705 (2011)

2011 VT 131

STATE of Vermont v. Bruce CARROLTON.

Supreme Court of Vermont.

December 2, 2011.

Attorney(s) appearing for the Case

Christina Rainville , and Robert V. Simpson, Jr. , Bennington County Deputy State's Attorneys, Bennington, for Plaintiff-Appellant.

Matthew F. Valerio , Defender General, Anna Saxman , Deputy Defender General, Rebecca N. Turner , Appellate Defender, and Katie Polonsky , Law Clerk (On the Brief), Montpelier, for Defendant-Appellee.

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

JOHNSON, J.

¶ 1. The State appeals from an interlocutory order of the criminal division of the superior court granting defendant's motion to merge into a single count the two counts of lewd and lascivious conduct charged by the State. Relying on State v. Perrillo, 162 Vt. 566, 649 A.2d 1031 (1994), which involved facts very similar to this case, the trial court ruled that because...

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