Supreme Court of Vermont
State of Vermont v. Robert Thompson
August 31, 2011190 Vt. 605
Summary
The Vermont Supreme Court reversed the district court’s dismissal of the defendant’s motion to withdraw his plea, holding that the trial court had subject‑matter jurisdiction to consider the motion because it was filed within ninety days of sentencing and thus constituted permissible sentence reconsideration. The Court remanded for the lower court to adjudicate the merits of the motion and determine the proper standard—manifest injustice or fair and just reason. A dissent argued the trial court lacked any jurisdiction to entertain the motion and would have affirmed the dismissal.
Holding
- Whether the trial court had subject‑matter jurisdiction to consider the defendant’s motion to withdraw his plea or to modify his sentence filed within ninety days of sentencing. The trial court possessed subject‑matter jurisdiction because the motion was a permissible exercise of sentence reconsideration under 13 V.S.A. § 7042(a) and V.R.Cr.P. 35(b).
Docket No. 10-045
Cited by
- Burlington School District v. Adam Provost and Seven Days
- State v. Allan Washburn
- State v. Allan Washburn
- State v. Randy F. Therrien
- State v. Randy F. Therrien
- Burlington School District v. Adam Provost and Seven Days
- Joshua Handverger v. City of Winooski and J. William O'Brien, Esq.
- Joshua Handverger v. City of Winooski and J. William O'Brien, Esq.