State v. Derouchie

Defendant appeals the denial of his motion for sentence reconsideration on three grounds. He claims the court made a clearly erroneous finding of a highly relevant fact, penalized him for validly exercising his privilege against self-incrimination, and withheld its discretion in failing to “individualize” the sentence by insisting on the maximum in every case. We affirm.

Defendant was convicted of sexual assault and sentenced in April 1988 to four-to-twenty years. Defendant appealed, and this Court affirmed the judgment in October 1989. State v. Derouchie, 153 Vt. 29, 568 A.2d 416 (1989). A…