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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¶ 42.        
Finally, the majority’s concern about providing conditions in writing
does not necessitate its holding.  Receiving the certificate is not
necessary to the purpose of providing a defendant the conditions in writing
even if this were the purpose of the statute.  Here, the condition was
contained in writing.  It was set forth explicitly and identically in the
plea agreement and in the probation order.  The majority notes that conditions
in a plea agreement are not always adopted verbatim in the probation order, and
therefore without a certificate there could be confusion over the exact terms
of a condition.  This may be true in some circumstances, but it is
certainly not in this case.  Here, the condition in the plea agreement
matched identically to the condition imposed by the court in the plea
agreement.

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