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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¶ 42. Finally, the majority’s concern about providing conditions in writing does not necessitate its holding. Receiving the certificate is not necessary to the purpose of providing a defendant the conditions in writing even if this were the purpose of the statute. Here, the condition was contained in writing. It was set forth explicitly and identically in the plea agreement and in the probation order. The majority notes that conditions in a plea agreement are not always adopted verbatim in the probation order, and therefore without a certificate there could be confusion over the exact terms of a condition. This may be true in some circumstances, but it is certainly not in this case. Here, the condition in the plea agreement matched identically to the condition imposed by the court in the plea agreement.

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