STATE v. MESSIER

No. 86-144.

533 A.2d 1192 (1987)

STATE of Vermont v. Larry MESSIER.

Supreme Court of Vermont.

August 28, 1987.


Attorney(s) appearing for the Case

Helen V. Torino, Franklin Co. State's Atty., St. Albans, for plaintiff-appellee.

David W. Curtis, Defender General, and William A. Nelson, Appellate Defender, Montpelier, and Steve Dunham, Public Defender, St. Albans, for defendant-appellant.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


PECK, Justice.

Defendant appeals the Franklin County Superior Court's denial of his motion to reduce sentence, made under the provisions of 13 V.S.A. § 7042. We vacate the court's order on jurisdictional grounds.

Defendant raises two issues on appeal. First, he notes that his motion was heard by the presiding judge sitting alone, and he argues that the proceedings were jurisdictionally void because assistant judges were available. Second, he contends...

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