State v. Allen

¶ 1. Defendant appeals his sentence of eight-to-fifteen years following his guilty plea to a charge of lewd and lascivious conduct with a child under sixteen in violation of 13 V.S.A. § 2602. On appeal, defendant argues that the sentencing court impermissibly relied on an unproven and unsupported fact and abused its discretion by ignoring available information regarding treatment and rehabilitation. We affirm.

¶ 2. Defendant was originally charged with aggravated sexual assault under 13 VS. A. § 3253(a)(8) for allegedly penetrating his minor step-granddaughter with his finger. Defendant…