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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¶20. The State relies in particular on our decision in St. Francis, 160 Vt. 352, 628 A.2d 556, to argue that the conditions of probation are effective at the moment they are read aloud in open court — at the change-of-plea hearing — rather than at the moment the probation order is signed. That case, however, is fully consistent with our decision today. In St. Francis, the defendant signed a probation order on the same day he was sentenced. The issue in that case was whether his probation could be revoked for acts that occurred before he was officially on probation and before he signed a “probation contract,” but after he had been sentenced and signed a probation order. We held that the probation order itself was sufficient basis on which to revoke that defendant’s probation, even prior to the beginning of the probationary period. Id. at 355, 628 A.2d at 558. Thus, the obvious distinguishing factor between St. Francis and this case is that the defendant in St. Francis had, in fact, signed a probation order issued by the court.

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