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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¶ 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.  In 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.

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