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STATE v. VILLAR

No. 15-432.

180 A.3d 588 (2017)

2017 VT 109

STATE of Vermont v. Juan VILLAR.

Supreme Court of Vermont.

November 22, 2017.

Attorney(s) appearing for the Case

Glenn Barnes , Windsor County Deputy State's Attorney, White River Junction, for Plaintiff-Appellee.

Matthew Valerio , Defender General, and Marshall Pahl , Appellate Defender, Montpelier, for Defendant-Appellant.

PRESENT: Reiber, C.J., Skoglund, Robinson, JJ., and Grearson, Supr. J., and Burgess, J. (Ret.), Specially Assigned.

¶ 1. This case addresses whether the government may dismiss an indictment or information pursuant to Vermont Rule of Criminal Procedure 48(a) while the case is pending on appeal. We conclude that it may. Accordingly, we hold that the trial court erred in denying the state's attorney's notice of dismissal. Pursuant to Rule 48(a...

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