Vermont v. Hovey
Annotate this CaseDefendant Ryan Hovey appealed his convictions on two counts of aggravated sexual assault, arguing that the two convictions violated double jeopardy because, as charged under the circumstances, they constituted one offense. Additionally, defendant argued that probation condition 41, which required him to work and reside where his probation officer approved, was an improper delegation of power to his probation officer. The Vermont Supreme Court agreed that, as charged under the circumstances, defendant’s convictions violated double jeopardy and remanded for the State to elect which aggravated-sexual-assault conviction should stand. Furthermore, because the trial court failed to support condition 41 with findings, the case was remanded to give the trial court an opportunity to justify, revise, or remove the condition.
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