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IN RE BERRIO

No. 82-383.

481 A.2d 1057 (1984)

In re Linwood BERRIO.

Supreme Court of Vermont.

August 10, 1984.

Attorney(s) appearing for the Case

Andrew B. Crane, Defender Gen., William A. Nelson, Appellate Defender, Montpelier, Steve Dunham, Franklin County Public Defender, St. Albans, for petitioner-appellee.

Philip H. White, Orleans County State's Atty., Newport, for respondent-appellant.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

BILLINGS, Chief Justice.

The State appeals from an order of the Orleans Superior Court granting the defendant's request for post-conviction relief pursuant to 13 V.S.A. § 7131. The court struck defendant's concurrent, split sentences of seven to ten years, with two and one half to three years to serve for attempted kidnapping and ten to twelve months to serve for simple assault, and remanded for resentencing. The court based its order on the ground that the sentencing...

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