State v. Roy

 
 
                                       ENTRY ORDER
 
                             SUPREME COURT DOCKET NO. 89-303
 
                                    MARCH TERM, 1990
 
 
       State of Vermont                  }          APPEALED FROM:
                                         }
                                         }
            v.                           }          District Court of Vermont,
                                         }          Unit No. 1, Windsor Circuit
                                         }
       James E. Roy                      }
                                         }          DOCKET NO. 228-1-87WrCr
 
 
                    In the above entitled cause the Clerk will enter:
 
            The sole issue in this appeal by defendant from a denial of sentence
       reconsideration is whether State v. LaPine, 148 Vt. 14, 527 A.2d 1150 (1987)
       (only facts and circumstances existing at time of sentencing may be consid-
       ered at sentence reconsideration) should be overruled.  We decline to do so.
 
            Affirmed.
 
 
 
 
 
 
 
 
                                          BY THE COURT:
 
 
 
                                          Frederic W. Allen, Chief Justice
 
 
                                          Louis P. Peck, Associate Justice
 
 
       [ ]  Publish                       Ernest W. Gibson III, Associate Justice
 
       [ ]  Do Not Publish
                                          John A. Dooley, Associate Justice
 
 
                                          James L. Morse, Associate Justice