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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (105)

Full Text

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¶ 9. Defendant challenges his conditions of probation on two grounds: (1) defendant never agreed to the condition at issue so he is not bound by it; and (2) the court failed to comply with the written notice requirements of 28 V.S.A. § 252(c), and that failure makes the condition unenforceable against him. Defendant also argues that the court did not make adequate factual findings on the complainant’s credibility and that the court’s findings are clearly erroneous. The State contends that defendant had notice of his probation conditions because he negotiated and signed a plea agreement, which contained the no-abuse-or-harassment clause, and that the court’s findings are adequate and supported by the evidence. Because we agree with defendant that the court’s failure to comply with § 252(c) makes the probation condition unenforceable, we do not reach the parties’ arguments as to defendant’s actual notice of, or agreement with, the condition.