Vermont v. Stuart

Defendant Amanda Stuart appealed her probation revocation arising from two probation violations. In May 2016, defendant pled guilty to negligent operation of a vehicle and reckless endangerment. The plea agreement called for concurrent one-to-twelve-month sentences, suspended with probation, to run consecutively to a sentence defendant was already serving for a past infraction. This left defendant on a “dual status” - on furlough in connection with a previous sentence and on probation for her new charges. Defendant’s probation conditions in connection with the May 2016 conviction included conditions requiring that she not buy, have, or use any regulated drugs unless prescribed by a doctor, complete the CRASH program, complete substance abuse counseling, and actively participate in and complete the reparative probation program. Contrary to the parties’ expectations at the time of the plea, defendant was not released after her May 2016 plea, but, rather, remained incarcerated until November 2016 because she could not meet a condition of her previous sentence that she secure housing. On April 17, 2017, defendant was reincarcerated for violating the furlough conditions in connection with her prior sentence after testing positive for benzodiazepines. On appeal, defendant argued, among other things, that the State presented insufficient admissible evidence to support the violations upon which the revocation was based. The Vermont Supreme Court agreed and reversed the trial court’s revocation of her probation. View "Vermont v. Stuart" on Justia Law