State v. Lawrence

This is a petition for release under conditions pending the disposition of an appeal, brought under Rule 9 (b), V.R.A.P. The defendant is in execution, in that following his conviction, the trial court terminated bail and refused to stay execution of the sentence. Being in execution, no constitutional right to bail exists. In re Shuttle, 131 Vt. 457, 306 A.2d 667 (1973). Under Rule 9(b), the matter is here for original determination by this Court, and not as an appeal from the trial court. The decision must be made on what is before this tribunal.

Even so, the disposition made by the lower…