Fleming-Pancione v. MenardAnnotate this Case
Petitioner Shayne Fleming-Pancione is an inmate supervised by the Department of Corrections (DOC). He appealed the determination of the superior court that he was not entitled to a reduction in his Vermont sentence for time spent serving an earlier sentence in Massachusetts. Petitioner argued that because his Vermont sentence was imposed concurrent to his Massachusetts sentence, both sentences should have been calculated as if they commenced on the same date. The Vermont Supreme Court determined Petitioner’s argument was that Vermont law requires that concurrent sentences be treated as if they commenced on the same date, and that date is the earlier start date. In the Court’s view, the validity of this argument decided this case, and since it rejected petitioner’s interpretation of Vermont law, the Court agreed with the superior court that DOC correctly implemented petitioner’s sentence.