State v. Newell, 385
| Decision Date | 05 December 1967 |
| Docket Number | No. 385,385 |
| Parties | STATE of Vermont v. Earl C. NEWELL, Petitioner. |
| Court | Vermont Supreme Court |
Patrick J. Leahy, State's Atty., Allan Cheever, Asst. Atty. Gen., Burlington, for State.
McKee & Clewley, Montpelier, for defendant.
Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.
On July 19, 1961, the petitioner was convicted in the Chittenden Municipal Court after pleading guilty to two separate offenses of assault with intent to commit rape. The offenses concerned different victims. Before sentence was passed, the court adjudged the petitioner a psychopathic personality, dangerous to be at large in the community. The petitioner was ordered committed for detention and treatment as a sexual psychopath, as provided in 18 V.S.A. §§ 2811-2816.
The commissioner of institutions, acting in his capacity as commissioner of mental health, designated the state prison as the place of commitment. On direction of the court, the petitioner was returned for further hearings in May 1962, September 1962 and April 1963.
At the last hearing the court found that the petitioner was no longer a psychopathic personality. Following presentence investigation, the court imposed equal and concurrent sentences for each offense, to be served at the state prison for not less than six nor more than ten years. The date of sentencing was April 26, 1963.
The petitioner instituted the present proceedings under 13 V.S.A. §§ 7131-7137 to obtain post-conviction relief from that sentence. The reviewing court found the facts that have been related and denied the petition. This appeal is from that order.
The penalty imposed by the municipal court is within the limits prescribed by statute for the offense of assault with intent to commit rape. 13 V.S.A. § 603. The petitioner's attack is directed only at the minimum terms. He contends that this aspect of his sentence did not allow credit for the time of his detention as a psychopathic personality. Although the record establishes that the municipal judge considered the respondent's prior commitment at the time of sentence, the prisoner claims, as a matter of right, that the minimal term of his sentence should be reduced by the twenty month period when he was committed to the state prison as a psychopathic personality.
Our enactment, dealing with sexual psychopaths, recognizes that the sex offender, whose behavior has been compulsive, repetitive and disposed toward violence, requires special attention. The need is twofold;-to protect the community at large and to advance the interest of the offender. The statutory design is to afford psychiatric care and treatment during the period that the offender's derangement constitutes a threat to the public. The...
To continue reading
Request your trial
-
State v. Osborn, 43887
... ... State v. McDaniels, supra; Savigny v. Burns, 108 N.H. 95, 96, 227 A.2d 775 (1967); State v. Newell, 126 Vt. 525, ... Page 172 ... 526, 236 A.2d 656 (1967); Huebner v. State, 33 Wis.2d 505, 521, 147 N.W.2d 646 (1967). In order to carry out the ... ...
-
Shelton v. US
...plea under sexual predator commitment statute does not entitle defendant to credit against later criminal sentence); State v. Newell, 126 Vt. 525, 236 A.2d 656, 658 (1967) (same). The question before us, however, is what our legislation in fact provides in this A. Looking first at § 24-431(......
-
Trivento v. Commissioner of Corrections, 202-76
...him as a psychopathic personality (a primary purpose of the presentencing commitment scheme, see 18 V.S.A. § 8502; State v. Newell, 126 Vt. 525, 526, 236 A.2d 656 (1967)). He therefore claims that because he was treated as were prisoners under sentence he is entitled to a reduction in sente......
-
Moulton, In re, 91-328
... ... Marc D. Brierre, Rutland County Deputy State's Atty., Rutland, for respondent-appellant ... Before [158 Vt. 580] ALLEN, C.J., ... ...