STATE v. DRISCOLL

No. 07-169.

964 A.2d 1172 (2008)

2008 VT 101

STATE of Vermont v. Benjamin D. DRISCOLL.

Supreme Court of Vermont.

August 1, 2008.


Attorney(s) appearing for the Case

William J. Porter, Orange County State's Attorney, and Eric Goldwarg, Law Clerk (on the Brief), Chelsea, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, Rebecca Turner, Appellate Defender, and Malcolm Tramm, Law Clerk, Montpelier, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1 DOOLEY, J.

Today, we address a series of questions surrounding the loss of two Red Deer. Defendant was convicted of unlawful mischief and ordered to pay restitution to the deer owner in the amount of $5088. He appeals, arguing that the court erred in: (1) finding sufficient proof that the deer existed; (2) determining there was sufficient evidence of their value; and (3) rejecting defendant's argument that no restitution was due since the deer were derivative...

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