State v. Higgins

The sole issue we address in this appeal is whether the trial court misinterpreted our remand in State v. Higgins, 147 Vt. 506, 519 A.2d 1164 (1986). We find that our remand was not followed and accordingly reverse and remand.

In 1984, defendant pled nolo contendere to one count of lewd and lascivious conduct with a minor and was given a deferred sentence of five years by Judge Grussing. He subsequently was charged with violating conditions of his probation, was found by Judge Hudson to have violated three of those conditions, and was sentenced to one-to-five years, with three months to serve.…