State v. Thompson

Defendant, Angela Thompson, appeals from a $500 fine, imposed after she was convicted of simple assault. She claims the sentence violated her due process rights because it was imposed after she asserted her right to appeal from a proposed lower sentence which contained illegal elements. We agree and reverse.

Defendant was convicted of simple assault entered into by mutual consent following a fight with another woman. 13 V.S.A. § 1023(b). At the sentencing hearing, the court first proposed a $500 fine with all but $100 suspended and ordered the defendant to pay $200 in restitution. When…