Legal Opinion
State v. Oscarson
Supreme Court of Vermont
Decided April 14, 2006No. 04-546PublishedCited by 12 opinions
1Opinion of the CourtDooley, J.
¶ 1. Defendant Elsie Oscarson appeals from a district court order denying her motion for sentence reconsideration pursuant to Vermont Rule of Criminal Procedure 35(a). Defendant argues that her sentence is illegal because she was sentenced for aggravated sexual assault when the elements found by the jury support a conviction only for sexual assault, a crime with a lesser potential punishment. We hold that defendant’s sentence is not illegal under Rule 35(a) because it is consistent with the conviction of aggravated sexual assault. We affirm.
¶ 2. This case arises because Vermont has two…
2Cases cited13 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Hill v. United StatesSupreme Court of the United States · 1962
- State v. OscarsonSupreme Court of Vermont · 2004
- United States v. John Francis RourkeCourt of Appeals for the Tenth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. KingSupreme Court of Vermont · 2007
- State v. KramerSouth Dakota Supreme Court · 2008
- State v. LeClairSupreme Court of Vermont · 2013
- State v. LeClairSupreme Court of Vermont · 2013
- State v. Michael RosenfieldSupreme Court of Vermont · 2016
7 more not listed; retrieve them via the Exa API.