State v. Peck

Defendant appeals the district court’s revocation of his probation. We affirm.

The original charge against defendant was a violation of 13 V.S.A. § 2602: committing a lewd and lascivious act upon the body of a child under the age of sixteen. As the result of a plea agreement, however, the State amended the charge to simple assault, 13 V.S.A. § 1023. Defendant entered a plea of nolo contendere to the amended charge and was adjudged guilty. The sentencing judge reviewed a presentence investigation report in which mental health professionals expressed the opinion that defendant was likely to…