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STATE v. KOLIBAS

No. 10-254.

48 A.3d 610 (2012)

2012 VT 37

STATE of Vermont v. Robert KOLIBAS.

Supreme Court of Vermont.

May 17, 2012.

Attorney(s) appearing for the Case

Thomas Donovan, Jr. , Chittenden County State's Attorney, and Pamela Hall Johnson , Deputy 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, SKOGLUND, BURGESS and ROBINSON, JJ.

SKOGLUND, J.

¶ 1. Defendant Robert Kolibas, convicted of lewd and lascivious conduct with a child and two counts of aggravated assault, claims the court, in its instructions to the jury, eliminated the element of intent from the State's burden of proving the aggravated assault charges. He is correct. We reverse and remand for a new trial on the two aggravated assault charges. Because defendant does not challenge his conviction for lewd and lascivious conduct...

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