State v. Sommer

¶ 1. Defendant Gregory Sommer appeals from the trial court’s dismissal of his motion requesting sentence reconsideration and seeking a court order that the Vermont Department of Corrections (DOC) apply credit to his sentence for the time he spent incarcerated while awaiting sentencing. The court dismissed the motion for lack of jurisdiction. Defendant argues that the trial court did not lack jurisdiction over the motion and should have reached the legal issue in this case and awarded him presentence credit. We hold that defendant was premature in bringing his request to the court before the…