State v. Byrne

Defendant appeals from an order of the Lamoille District Court denying his motion for sentence reduction, following his conviction for driving under the influence of intoxicating liquors and for driving while his license was suspended. We affirm.

Defendant was convicted by jury trial in 1985 and was sentenced to serve 6 to 12 months on the DUI charge and a consecutive term to serve of 0 to 30 days for the DLS. He appealed his convictions, and this Court affirmed in State v. Byrne, 149 Vt. 257, 542 A.2d 667 (1988).

At the original sentencing hearing on May 27,1985 the State claimed that…