State v. Gardner

Defendant Arnold Gardner appeals a Franklin District Court order that he be held without bail. Defendant is charged with (1) driving under the influence, third offense, under 23 VS.A. § 1210(d); and (2) being a “habitual criminal” under 13 VS.A. § 11, a charge punishable by life imprisonment. The district court granted the State’s motion to hold defendant without bail under 13 VS.A. § 7553 and Vt. Const, ch. II, § 40 (person charged with offense punishable by life imprisonment may be held without bail when the evidence of guilt is great). We review the district court’s decision under VR.A.E…