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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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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¶ 21. The State also argues that the plea agreement, signed by defendant and the prosecutor prior to the sentencing hearing, is enforceable as a contract in its own right and therefore may be used to prove that defendant violated his conditions of probation. *450In this case the plea agreement, which was signed by defendant, contained the same condition that the State is attempting to enforce in the unsigned probation order. In essence, the State is arguing that we ignore § 252(c) or hold that a violation of the statute does not invalidate a condition if there is a plea agreement containing the same condition. This argument is a variation of the State’s argument that actual notice should be sufficient, irrespective of compliance with § 252(c), and we reject it for the same reason.