State v. Delaoz

Burgess, J.,

¶ 50. dissenting in part. Certainly defendant’s sentence requires clarification. Intentionally or not, the district court misspoke when it imposed a 4-year-and-11-month-to-5-year sentence “all suspended but 5 years” to serve, which would seem to defeat the statutory prohibition on identical minimum and maximum terms. See 13 V.S.A. § 7031(a) (mandating that the court “shall not fix the term of imprisonment, . . . but shall establish a maximum and may establish a minimum term”). The majority, however, reaches beyond any argument offered by defendant to invalidate his minimum term,…