State v. LaPine

Two years after sentencing for a conviction for sexual assault defendant petitioned for reconsideration of sentence under 13 V.S.A. § 7042, and his petition was denied. We affirm.

Central to defendant’s case is his assertion of changed circumstances, notably his completion of the sexual offender program, visits to a psychiatrist, and participation in work release. The State responds that defendant’s petition in effect seeks to use 13 V.S.A. § 7042 as an alternative to a parole hearing, and that seems to be so. The purpose of reconsideration under § 7042 “is to permit the trial judge to…