State v. LaPine, 86-009
| Citation | 527 A.2d 1150,148 Vt. 14 |
| Decision Date | 06 March 1987 |
| Docket Number | No. 86-009,86-009 |
| Parties | STATE of Vermont v. Joseph LaPINE |
| Court | United States State Supreme Court of Vermont |
Shelley A. Hill, Windsor County Deputy State's Atty., White River Junction, for plaintiff-appellee.
Martin and Paolini, Barre, for defendant-appellant.
Before ALLEN, C.J., and HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned
Two years after sentencing for a conviction for sexual assault defendant petitioned for reconsideration of sentence under 13 V.S.A. § 7042, and his petition was denied. We affirm.
Central to defendant's case is his assertion of changed circumstances, notably his completion of the sexual offender program, visits to a psychiatrist, and participation in work release. The State responds that defendant's petition in effect seeks to use 13 V.S.A. § 7042 as an alternative to a parole hearing, and that seems to be so. The purpose of reconsideration under § 7042 "is to permit the trial judge to reconsider the sentencing decision absent the heat of trial pressures and in calm reflection...." State v. Therrien, 140 Vt. 625, 627, 442 A.2d 1299, 1301 (1982). Implicit in Therrien and the statute itself is the assumption that under consideration will be the circumstances and factors present at the time of the original sentencing, rather than defendant's conduct and behavior since sentencing. Sentence reconsideration and the parole process are two entirely different functions, and the trial court was correct to maintain the distinction.
Affirmed.
To continue reading
Request your trial
-
State v. Stearns
...post-incarceration matters." State v. Sodaro, 2005 VT 67, ¶ 9, 178 Vt. 602, 878 A.2d 301 (mem.) (citing State v. LaPine, 148 Vt. 14, 15, 527 A.2d 1150, 1150 (1987) (per curiam)); see also King, 2007 VT 124, ¶ 6, 944 A.2d 224 ("[Sentence reconsideration] is not intended as a forum to review ......
-
State v. Hance, 90-242
...fair by defendant when he agreed to it. The value of sentence reconsideration is also affected by our decision in State v. LaPine, 148 Vt. 14, 15, 527 A.2d 1150, 1150 (1987), that sentence reconsideration may be based only on "the circumstances and factors present at the time of the origina......
-
State v. Platt, 91-357
...the time of the original sentencing.' " State v. Derouchie, 157 Vt. 573, ----, 600 A.2d 1323, 1325 (1991) (quoting State v. LaPine, 148 Vt. 14, 15, 527 A.2d 1150, 1150 (1987)). Defendant's motion for sentence reconsideration did not attack the legality of the sentence or the sentencing proc......
-
International Broth. of Elec. Workers, Local 300 v. Enosburg Falls Water & Light Dept., 85-379
... ... other manner restrain or coerce its employees in the exercise of rights guaranteed them under state law. The Board further ordered the Department to: (1) resume collective bargaining with the ... ...