St. Gelais v. Walton

The State appeals the Caledonia Superior Court’s grant of defendant’s habeas corpus petition. We reverse and remand to reinstitute defendant’s probation imposed by the Windsor District Court.

This case involves the proper method of aggregating defendant’s sentence for his convictions for escape and burglary (the second sentence) with his underlying sentence for his convictions for grand larceny, petty larceny and breaking and entering in the nighttime (the first sentence). The first sentence was for an indeterminate term of 0-3 years. The second sentence was for 1-8 years, all suspended but…