State v. Koch

The decision this Court issued on December 14, 1999, upholding defendant’s conviction was supported by a single fact. We stated that “the State’s evidence showed that defendant had an unobstructed view of Cataldo for almost 1200 feet, or for a minimum of 20 seconds, during daylight hours.” State v. Koch, 98-416, slip op. at 2 (Vt. Dec. 14, 1999) (mem.). Based on this fact alone, we concluded that the evidence supported defendant’s conviction for grossly negligent operation of a motor vehicle. In his motion to reargue, defendant points out that the single fact upon which we relied is…