State v. Richardson

Defendant asks this Court to overrule State v. LaPine, 148 Vt. 14, 527 A.2d 1150 (1987), in which we held that only circumstances and factors present at the time the sentence was originally imposed, not a defendant’s conduct and behavior after sentencing, are relevant in a sentence reconsideration proceeding pursuant to 13 V.S.A. § 7042. We again decline to overrule LaPine. See State v. Platt, 158 Vt. 423, 426, 610 A.2d 139, 142 (1992); State v. Roy, 154 Vt. 645, 645, 573 A.2d 698, 698 (1990) (mem.).

Defendant argues that State v. Derouchie, 157 Vt. 573, 600 A.2d 1323 (1991), undermines…