Vermont v. GauthierAnnotate this Case
Defendant Thomas Gauthier appealed a trial court’s order revoking his probation. In May 2009, defendant was charged with one count of engaging in a sexual act with a person under the age of sixteen, a felony, and one count of furnishing alcohol to a person under the age of twenty-one. The charges arose from an April 2009 incident in which defendant, then age twenty, had intercourse with a fifteen-year-old girl in the back of a car after a night of drinking alcohol and smoking marijuana. In June 2010, the State filed a violation-of-probation complaint against defendant, alleging that he had been out of state without permission in violation of one of the conditions in his deferred-sentence agreement. On appeal, defendant argued that the probation conditions that the trial court determined he had violated are unenforceable because he claims the conditions were not part of “a certificate explicitly setting forth the conditions” of probation, as required by 28 V.S.A. 252(c). Defendant also raised challenges to specific conditions, arguing that they are contradictory or vague and not enforceable. Finding no reversible error, the Supreme Court affirmed.