State v. Jonathan Villeneuve
150 A.3d 622
Vt.2016Background
- In 2001 Villeneuve pleaded guilty to lewd and lascivious conduct with a child for conduct that occurred in August 2000 when he was 20.
- He completed probation and sex-offender counseling and was finally discharged in June 2004.
- In September 2015 Villeneuve moved to seal his conviction under 33 V.S.A. § 5119(g), asserting more than two years had passed since discharge and the offense was committed before he turned 21.
- The trial court denied the motion because the underlying offense is a “listed crime” under 13 V.S.A. § 5301 and read § 5119(g)(2) to bar sealing when the conviction itself is a listed crime.
- Villeneuve sought reconsideration and appealed; the State conceded the trial court erred in its statutory interpretation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 5119(g)(2)’s prohibition on convictions for a “listed crime” bars sealing of the initial conviction that is itself a listed crime | The State (plaintiff) concedes the trial court misread the statute and that the bar applies only to subsequent convictions after the initial conviction | Villeneuve argues § 5119(g)(2) bars only later convictions or adjudications for listed crimes, not the underlying conviction for which sealing is sought | The Court held the phrase “after the initial conviction” modifies § 5119(g)(2); sealing is permitted for an initial conviction committed before age 21 unless the applicant was later convicted or adjudicated delinquent of a listed crime |
| Whether the trial court made sufficient findings to grant/deny sealing under § 5119(g) | — | Villeneuve argued the court failed to address rehabilitation required by § 5119(g)(3) | The Court reversed and remanded for findings on whether Villeneuve has been rehabilitated |
Key Cases Cited
- State v. Therrien, 191 Vt. 24, 38 A.3d 1129 (Vt. 2011) (statutory interpretation reviewed de novo)
- State v. Wainwright, 195 Vt. 370, 88 A.3d 423 (Vt. 2013) (statutory plain-meaning and avoidance of absurd results)
- State v. Fletcher, 187 Vt. 632, 996 A.2d 213 (Vt. 2010) (enforce statute according to plain terms)
- In re Jones, 187 Vt. 1, 989 A.2d 482 (Vt. 2009) (rule of lenity and statutory interpretation principles)
- State v. Rideout, 182 Vt. 113, 433 A.2d 706 (Vt. 2007) (prior case discussing denial of sealing when a later conviction involved moral turpitude)