· 7/19/1991
State v. Hance
Citations
- 596 A.2d 365
- 157 Vt. 222
- 1991 Vt. LEXIS 160
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that defendant can waive constitutional or statutory rights if “waiver is knowing, intelligent, and voluntary”
- recognizing \limited usefulness of sentence reconsideration when the sentence is based on a plea agreement\
- stating that although Rule 35 has “limited usefulness” when a plea bargain is involved, “[w]e do not suggest that a sentence adopted pursuant to a plea agreement should never be subject to modification” under § 7042(a) and Rule 35
- noting “our decisions authorize a defendant to waive virtually any right, constitutional or statutory, as long as the waiver is knowing, intelligent, and voluntary” and collecting cases
- rationale of case relied upon by defendant rejected as dicta and because contrary to weight of authority in other jurisdictions
- sentence reconsideration is highly discretionary remedy that does not occupy a central place in the administration of justice
Source: CourtListener parenthetical corpus (CC0).
Judges: Allen, C.J., and Gibson, Dooley, Morse and Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.