Vermont v. Love

In December 2012, defendant Bryan Love was charged with two felony counts of lewd and lascivious conduct with a child, and he faced the possibility of significant jail time. By virtue of a plea agreement with the State, defendant instead pled guilty to two misdemeanor counts of prohibited acts, with a “4 year deferred sentence.” If defendant fulfilled “the terms of probation and of the deferred sentence agreement,” the court would “strike the adjudication of guilt and discharge” him. If he violated “the terms of probation or of the deferred sentence agreement,” he would be sentenced. Two years after executing these agreements, defendant sought to reduce the length of his deferred-sentence term, although he labeled his request a motion to “shorten probation.” He argued that the extensive probation conditions greatly restricted his ability to find a job because they prohibited contact with children, out-of-state travel, and computer use. Defendant also argued that in one instance the presence of the convictions excluded him from consideration for a job. The State opposed defendant’s request, arguing that defendant had agreed to defer sentencing for four years, and because that period had not passed, he had not fulfilled the terms of his agreement. The trial court concluded that it had no authority to grant such relief. The Vermont Supreme Court agreed, and therefore affirmed the trial court’s decision. View "Vermont v. Love" on Justia Law