State v. Koons, 2011 VT 22

Summary

The Vermont Supreme Court held that the trial court committed plain error by relying at sentencing on conduct underlying a prior acquittal without providing advance notice or an opportunity to respond under Vermont Rule of Criminal Procedure 32(c)(3). The court found that the undisclosed acquitted conduct materially influenced the sentence and vacated the sentence, remanding for resentencing before a different judge. The court did not reach the defendant's gross-disproportionality challenge.

Holdings

1. The sentencing court committed plain error by materially relying on undisclosed conduct underlying a prior acquittal without providing defendant advance notice and a reasonable opportunity to rebut the information as required by Vermont Rule of Criminal Procedure 32(c)(3). The error required vacatur of the sentence and resentencing before a different judge.

Questions Presented

1. Whether the sentencing court committed plain error by relying on conduct underlying a prior acquittal without advance notice and an opportunity for defendant to rebut the information.
2. Whether defendant's sentence was grossly disproportionate to the offenses.

Disposition

vacated