State v. Stimpson, 87-215
| Citation | 563 A.2d 1001,151 Vt. 645 |
| Decision Date | 15 June 1989 |
| Docket Number | No. 87-215,87-215 |
| Parties | STATE of Vermont v. Frederick A. STIMPSON. |
| Court | United States State Supreme Court of Vermont |
Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and KEYSER, J. (Ret.), Specially Assigned.
Defendant pled nolo contendere to several burglary offenses and as a condition of probation the trial court ordered that he pay restitution to the victims. A portion of the restitution award corresponded to an incident of burglary on March 10, 1987, that was not covered by the plea agreement and for which defendant was not convicted. Defendant appeals from that portion of the restitution award.
"An order of restitution must relate to the damage caused by the criminal conduct for which the defendant was convicted." State v. Knapp, 147 Vt. 56, 60, 509 A.2d 1010, 1012 (1986). That link is absent with respect to the portion of the restitution award at issue. The record reveals that damages allocated to the March 10 burglary amounted to $550. The total losses from which the trial court calculated the restitution award should be reduced by that amount, and a new order entered accordingly.
Reversed and remanded.
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State v. VanDusen
...147 Vt. 56, 60, 509 A.2d 1010, 1012 (1986), or conduct that was not covered by defendant's conviction. See State v. Stimpson, 151 Vt. 645, 646, 563 A.2d 1001, 1001-02 (1989) (mem.). In essence, defendant argues that these holdings should control because defendant was not convicted of posses......
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State v. Charbonneau, 15-192
...order may not be based on conduct that was not covered by the defendant's conviction, citing this Court's holding in State v. Stimpson, 151 Vt. 645, 563 A.2d 1001 (1989) (mem.). Id. at 244, 691 A.2d at 1055. In Stimpson the defendant pleaded nolo contendere to several burglary offenses and ......
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State v. Charbonneau, 2015-192
...order may not be based on conduct that was notcovered by the defendant's conviction, citing this Court's holding in State v. Stimpson, 151 Vt. 645, 563 A.2d 1001 (1989) (mem.). Id. at 244, 691 A.2d at 1055. In Stimpson, the defendant pleaded nolo contendere to several burglary offenses and ......