Vermont v. StearnsAnnotate this Case
Defendant Dean Stearns pled guilty in 2018 to five counts of voyeurism and two counts of promoting a recording of sexual conduct. He was sentenced in 2020 to an aggregate term of ten to fifteen years suspended, except five years to serve. Defendant appealed the denial of his motion for sentence reconsideration, arguing the trial court abused its discretion by: (1) failing to apply individualized sentencing factors; (2) not considering how changes to incarceration conditions during the pandemic adversely affected the ability to achieve sentencing goals; and (3) upholding a sentence that had been effectively increased due to pandemic-era restrictions. The State contended, among other things, that defendant’s motion for sentence reconsideration was properly denied because sentence reconsideration did not include review of post-incarceration matters and defendant sought relief based on post-incarceration circumstances. To this the Vermont Supreme Court agreed and affirmed primarily on that basis.