State v. Cox

Defendant Richard Cox was convicted of three counts of simple assault in violation of 13 V.S.A. § 1023(a)(3). Originally charged with kidnapping, defendant entered nolo pleas to the amended charges and was sentenced to three consecutive terms of six to twelve months. Defendant raises two claims on appeal: (1) the sentencing court relied on information in the presentence report that was obtained in violation of defendant’s privilege against self-incrimination and defendant’s right to counsel; and (2) the sentencing court’s reliance on unverified allegations of defendant’s prior criminal…