Supreme Court of Vermont
State of Vermont v. Joseph T. Kenvin
October 18, 20132013 VT 104
Summary
The Vermont Supreme Court affirmed the reduced nine‑to‑twelve‑month sentence for Joseph Kenvin and remanded for credit for the strict curfew period of March 10‑22, 2010. It held that the sentencing court’s finding of “very negligent” conduct and causation of the victim’s death was within its discretion, and that credit for time served applies only to the initial 24‑hour‑curfew interval, not to the later, less restrictive conditions.
Holding
- Whether the sentencing reconsideration court erred in finding Kenvin “very negligent” and that his conduct caused the motorcyclist’s death. The court held the finding was within the sentencing court’s discretion and proper; no error was found.
- Whether Kenvin is entitled to credit for time served under his 24‑hour curfew from March 10‑22, 2010. Kenvin is entitled to credit for that period because the conditions amounted to custody under 13 V.S.A. § 7031(b).
- Whether Kenvin is entitled to credit for time served under his modified conditions from March 22, 2010‑March 22, 2011. Kenvin is not entitled to credit for that period because the conditions did not amount to institutional confinement or custody.
Docket No. 12-099
Cited authorities
- 18 U.S.C. § 3568
- Pub. L. No. 98-473, 98