Legal Opinion
State v. Rice
Supreme Court of Vermont
Decided August 17, 1984No. 83-311PublishedCited by 28 opinions
1Opinion of the CourtUnderwood, J.
The Sentence Review Act, 13 V.S.A. § 7042, as amended by No. 223 of the Acts of 1981 Adjourned Session, permits the State, within seven days of the imposition of an initial sentence, to file with the sentencing judge a motion to increase that sentence. Id. § 7042(b). After a hearing the judge, in his discretion, is empowered to increase the severity of the initial sentence. Id. Defendant, who was given an enhanced sentence, raises two constitutional issues in this appeal. The first is whether the trial judge’s application of § 7042(b) violates the double jeopardy clause of the Fifth Amendment…
2Cases cited9 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. DiFrancescoSupreme Court of the United States · 1980
- State v. TherrienSupreme Court of Vermont · 1982
- State v. WilliamsSupreme Court of Vermont · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. RamsaySupreme Court of Vermont · 1985
- In Re Southview AssociatesSupreme Court of Vermont · 1989
- State v. DeanSupreme Court of Vermont · 1987
- State v. DumontSupreme Judicial Court of Maine · 1986
- State v. DunbarSupreme Court of Vermont · 1989
23 more not listed; retrieve them via the Exa API.