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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¶ 25.        
The undisputed relevant facts demonstrate that defendant was well aware
of the condition that he violated.  Defendant pleaded guilty to violations
of conditions of release and to first-degree aggravated domestic assault for
strangling his wife.  Not surprisingly, the plea agreement signed by
defendant contained the following hand-written special condition “No abuse or
harassment of [defendant’s wife].”  Defendant signed the plea
agreement.  At the plea hearing, the state’s attorney explained the terms
of the plea agreement, including the no-abuse-or-harassment condition. 
The court accepted the plea and sentenced defendant to five-to-fifteen years,
all suspended but forty days to serve, and instructed that the condition would
be imposed.  The resulting probation order included the
no-abuse-or-harassment condition.  Defendant did not, however, receive a “certificate explicitly setting forth the conditions upon
which he [was] released.”  See 28 V.S.A. § 252(c).  After
an altercation with his wife, defendant was charged with violating the
no-abuse-or-harassment condition of his probation.  Following a hearing,
the court found defendant had notice of the conditions.  The court found
defendant violated his conditions and revoked his probation.

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