STATE v. WATERS

No. 11-319.

87 A.3d 512 (2013)

2013 VT 109

STATE of Vermont v. Tyler Smith WATERS.

Supreme Court of Vermont.

November 15, 2013.


Attorney(s) appearing for the Case

Ashley A. Harriman , Windham County Deputy State's Attorney, and Robert D. Lees , Law Clerk (on the Brief), Brattleboro, and Evan P. Meenan , Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Matthew F. Valerio , Defender General, and Dawn Matthews , Montpelier, for Defendant-Appellant.

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


ROBINSON, J.

¶ 1. This case calls upon us to determine whether it was plain error to instruct a jury that it could convict defendant for violating an abuse-prevention order prohibiting him from harassing petitioner if it concluded that he engaged in conduct that would cause a reasonable person to be "annoyed, irritated, tormented or alarmed." We conclude that the instruction was plain error, and that the evidence below could not support a conviction for violating...

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