Vermont v. Villar
Annotate this CaseIn 2015, a jury found defendant Juan Villar guilty of operating a motor vehicle on a public highway while under the influence of intoxicating liquor. The trial court sentenced defendant to six months to three years, all suspended except for fifteen days to serve, and placed him on probation. Defendant appealed; his sentence was not stayed pending appeal. "The appeals process was slow." The issue on appeal this case addressed was whether the government could dismiss an indictment or information pursuant to Vermont Rule of Criminal Procedure 48(a) while the case was pending on appeal. The Vermont Supreme Court concluded that it may. Accordingly, the Court held the trial court erred in denying the state’s attorney’s notice of dismissal. Pursuant to Rule 48(a), the Court vacated the conviction and dismiss the underlying charges.
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