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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¶ 24.        
REIBER, C.J., dissenting.   While defendant did not
receive a formal certificate setting forth the conditions of his probation,
there is no question that he had actual notice of the plea condition that he
refrain from abusing and harassing his wife, the victim of his domestic
violence.  Not only was this an obvious restriction on defendant’s conduct
given the nature of his offense, but the condition was stated orally at the
change-of-plea hearing, written on the plea agreement, which defendant signed,
and contained in the resulting probation order.  The main purpose of the
statutory requirement is to provide defendants with notice of their probation
conditions.  Because defendant had actual notice of the condition against
abusing or harassing his wife, the failure to provide a certificate was
harmless and the condition can be enforced.  I dissent.

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