State v. Voog

¶ 1. Defendant pled guilty to simple assault and reckless endangerment. He appeals the trial court’s denial of his motions to strike surplusage from the information and affidavit of probable cause, and to return property. We affirm in part and reverse and remand in part.

¶ 2. Defendant was originally charged with one count of first-degree aggravated domestic assault under 13 V.S.A. § 1043(a)(2). In November 2009, as part of a global plea agreement which resolved other pending charges, he pled guilty to attempted simple assault under 13 V.S.A. § 1023(a)(3) and reckless endangerment under 13…