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 Y.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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