State v. Hemingway, 196 Vt. 441 (2014)

Citation: State v. Hemingway, 196 Vt. 441 (2014)
Parent Document: State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-05-09
Original Source: https://www.courtlistener.com/opinion/2673207/state-v-hemingway/ ↗

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¶ 2. On April 12, 2010, defendant pled guilty, by plea agreement, to first-degree aggravated domestic assault for strangling the complainant, and to five counts of violations of conditions of release. The plea agreement, signed by defendant and his attorney, contained a special condition of probation that defendant not abuse or harass the complainant. At the beginning of the plea hearing, in defendant’s presence, the State noted orally on the record the conditions of release, which included “no abuse or harassment of [the complainant].” After a plea colloquy, the judge said, “Your probation will be for a period of at least ten years. And the other conditions we’ve described here all apply.” The court accepted the plea agreement and sentenced defendant to five-to-fifteen years, all suspended but forty days to serve. Defendant did not receive a “certificate explicitly setting forth the conditions upon which he [was] released.” 28 V.S.A. § 252(c). The State concedes that defendant never signed a probation order.

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