In Re Torres

¶ 1. Defendant Andres Torres appeals from a summary judgment order of the Chittenden County Superior Court denying his claim for post-conviction relief from a second degree aggravated domestic assault conviction under 13 V.S.A. § 1044(a)(2). Defendant claims that the statute’s language requires a prior domestic assault conviction, and that, because he had no prior domestic assault conviction, his conviction for second degree domestic assault must be dismissed. We conclude that defendant waived his right to challenge his conviction on this ground when he pled guilty to the domestic assault…