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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (105)

Full Text

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¶ 8. The court first found that defendant was on probation and that certain conditions of probation were imposed. The court cited State v. St. Francis, 160 Vt. 352, 354, 628 A.2d 556, 557-58 (1993), reasoning that defendant had notice of, and agreed to the conditions, because he signed a plea agreement that was accepted and approved by the court and in which defendant agreed not to abuse or harass the complainant. The court further found that *445defendant violated the no-abuse-or-harassment condition. The court found that the complainant “has a spotted history of credibility,” that she may have lied to the State and the defense regarding defendant’s activities at her workplace, and that she has lied and had others lie in order to get the State to dismiss previous charges against defendant. Nevertheless, the court credited the complainant, stating that her “testimony regarding the activity surrounding the evening at the fair had the ring of truth.” Ultimately, the court sentenced defendant to serve the underlying sentence of five-to-fifteen years.