Vermont v. Sullivan
Annotate this CaseDefendant Christopher Sullivan asked the Vermont Supreme Court to vacate his sentence and remand for resentencing with a different judge. This was defendant’s second appeal following convictions for operating a motor vehicle while under the influence of intoxicating liquor (DUI) with death resulting and for leaving the scene of a fatal accident. The trial judge sentenced defendant to two concurrent four- to ten-year terms. Defendant appealed, and the Supreme Court affirmed the convictions, but remanded for resentencing. The Supreme Court held the trial court had “abused its discretion by not continuing the sentencing hearing to allow defendant to present the testimony of his expert witness.” On remand, the same trial judge held a resentencing hearing, and after considering evidence from the first sentencing hearing and additional evidence, the trial judge reimposed two concurrent sentences of four to ten years, with credit for time served. Defendant contended the trial court did not have discretion to impose that sentence, arguing (1) the court did not have discretion to impose a minimum sentence above the statutory mandatory minimum absent a showing of aggravating factors; (2) to the extent the court’s findings support aggravating factors, those findings are incorrect and insufficient to support the sentence; and (3) the court abused its discretion in dismissing defendant’s mitigating evidence. Further, defendant argued the trial judge’s sentencing decision and process were driven by an impermissible personal animus against defendant. Finding no reversible error, the Supreme Court affirmed the sentence.
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