State v. Young

Summary

The Vermont Supreme Court dismissed a defendant’s appeal challenging the calculation of credit for time served. The court held that the Department of Corrections is generally responsible for calculating such credit, and that a defendant disputing the calculation must first pursue an administrative grievance and then seek review in superior court under V.R.C.P. 75.

Holdings

1. Under 13 V.S.A. §§ 7031 and 7044, the statutes do not require the trial court to calculate time-served credit; the court may order the Department of Corrections to make the calculation.
2. A defendant disputing the Department of Corrections' calculation of time-served credit must first file a grievance with the Commissioner of Corrections and then seek superior-court review under V.R.C.P. 75; a direct appeal to the Supreme Court is improper.

Questions Presented

1. Whether the district court was required to calculate and award defendant's requested credit for time served.
2. Whether defendant could obtain review of the Department of Corrections' time-served calculation through a direct appeal rather than through the administrative grievance process and subsequent V.R.C.P. 75 review.

Disposition

dismissed