State v. Pierce

The principal issue before us is whether 13 V.S.A. § 7041 violates the separation-of-powers doctrine by conditioning the trial court’s deferral of a criminal sentence upon the concurrence of the state’s attorney. Defendant was convicted by jury of delivering more than one-half ounce of marijuana, in violation of 18 V.S.A. § 4230(b)(2). The trial judge stated that the facts and circumstances of this case warranted a deferred sentence, but ruled that she could not carry out this alternative because the state’s attorney refused to agree to it. The court also denied defendant’s request that it…