State v. Messier

Defendant appeals the Franklin County Superior Court’s denial of his motion to reduce sentence, made under the provisions of 13 V.S.A. § 7042. We vacate the court’s order on jurisdictional grounds.

Defendant raises two issues on appeal. First, he notes that his motion was heard by the presiding judge sitting alone, and he argues that the proceedings were jurisdictionally void because assistant judges were available. Second, he contends that the trial court erred in denying the motion without making findings or including a statement of reasons for the denial.

In 1982, defendant was convicted,…