State of Vermont v. Raymond H. Peck

Summary

The Supreme Court of Vermont affirmed revocation of the defendant's probation, imposed after he was terminated from a court-ordered sex-offender counseling group for repeatedly refusing to admit the underlying offense. The court held that due process fair notice was satisfied by the signed condition requiring completion of counseling to the probation officer's full satisfaction and by the officer's directions, that the nolo contendere plea to simple assault did not bar the sentencing court from considering the sexual nature of the conduct, and that the counseling condition was reasonably related to the conviction and to public protection. It also rejected claims that the State illegally modified the conditions and that the sentence violated 13 V.S.A. § 7002.