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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[4] 
The majority claims that this case is an example of how confusion in the
conditions that were imposed may arise without a certificate because some
conditions were stated orally at the change-of-plea hearing, some were included
in the plea agreement, and others were on the probation order.  It may be
that where a condition was included only in a plea agreement and not read at
the change-of-plea hearing or only included in the probation order, there would
be insufficient notice to defendant, but that is certainly not the case
here.  The identical no-harassment-or-abuse condition was read at the
change-of-plea hearing, included in the signed plea agreement, and written in
the probation order.  Based on these uncontested facts, the court properly
found that defendant had notice of the condition.

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