State v. Hassimiou Bangoura

Summary

The Vermont Supreme Court affirmed Hassimiou Bangoura’s conviction for driving under the influence, second offense. The court held that the defendant failed to preserve objections concerning counsel’s stipulation to a prior DUI conviction and the trial court’s failure to make an express finding regarding that predicate conviction. Reviewing for plain error, the court found no prejudice because the defendant did not dispute the prior conviction and a certified copy had been admitted without objection.

Holdings

1. Even assuming error in the trial court's treatment of the prior DUI conviction, Bangoura was not entitled to relief because he could not establish prejudice.
2. The conviction for DUI, second offense, was affirmed.

Questions Presented

1. Whether the trial court erred by accepting defense counsel's stipulation to Bangoura's prior DUI conviction without requiring Bangoura personally to waive his right to a jury determination of that issue.
2. Whether the trial court was required to make an express finding beyond a reasonable doubt that the stipulation established the predicate DUI conviction for a DUI, second-offense adjudication.
3. Whether any alleged errors concerning the stipulation or the absence of an express finding constituted plain error warranting reversal.

Disposition

affirmed