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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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¶ 8.            
The court first found that defendant was on probation and that certain
conditions of probation were imposed.  The court cited State v. St.
Francis, 160 Vt. 352, 354, 628 A.2d 556, 557-58 (1993), reasoning that
defendant had notice of, and agreed to the conditions, because he signed a plea
agreement that was accepted and approved by the court and in which defendant
agreed not to abuse or harass the complainant.  The court further found
that defendant violated the no-abuse-or-harassment condition.  The court
found that the complainant “has a spotted history of credibility,” that she may
have lied to the State and the defense regarding defendant’s activities at her
workplace, and that she has lied and had others lie in order to get the State
to dismiss previous charges against defendant.  Nevertheless, the court
credited the complainant, stating that her “testimony regarding the activity
surrounding the evening at the fair had the ring of truth.”  Ultimately,
the court sentenced defendant to serve the underlying sentence of five-to-fifteen
years.