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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¶ 20.        
The State relies in particular on our decision in St. Francis,
160 Vt. 352, to argue that the conditions of probation are effective at the
moment they are read aloud in open court—at the change-of-plea hearing—rather
than at the moment the probation order is signed.  That case, however, is
fully consistent with our decision today.  In St. Francis, the
defendant signed a probation order on the same day he was sentenced.  The
issue in that case was whether his probation could be revoked for acts that
occurred before he was officially on probation and before he signed a
“probation contract,” but after he had been sentenced and signed a probation
order.  We held that the probation order itself was sufficient basis on
which to revoke that defendant’s probation, even prior to the beginning of the
probationary period.  Id. at 355, 628 A.2d at 558.  Thus, the
obvious distinguishing factor between St. Francis and this case is that
the defendant in St. Francis had, in fact, signed a probation order
issued by the court.

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