88 A.3d 1186
Vt.2013Background
- Defendant LeClair was convicted of burglary (2010) and enrolled in ADTC (drug treatment court) with potential suspended sentence contingent on program completion.
- In 2012 he was charged with additional offenses and his ADTC participation ended after the August 2012 termination order.
- He received a 2010 burglary sentence with credit for time served and a 2012-conviction sentence; both were to run concurrently.
- The DOC granted credits for time served on the 2010 burglary sentence and for time served on the 2012 charges, but did not apply 170 days to the minimum of the 2010 controlling sentence.
- LeClair sought credit for the 170 days against the controlling 2010 burglary sentence; the superior court denied, prompting appeal.
- The Vermont Supreme Court reversed, holding he is entitled to credit for the entire 170 days against all concurrent sentences under 13 V.S.A. § 7031(b) and Blondin, with remand for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served on concurrent sentences? | LeClair entitled to credit for 170 days against each concurrent sentence. | Credit should apply only to the 2012 charges or per the prior docket’s terms. | Yes; credit applies to all concurrent sentences for the period. |
| Application of Blondin/ADTC context to credit? | ADTC akin to probation; Blondin controls. | ADTC is not probation; different regime. | ADTC analogized to probation; Blondin governs credit outcome. |
| Effect of timing of revocation/resentencing on credit? | Credit should not depend on when revocation or resentencing occurred. | Credit should be limited by procedural timing rules. | Credit should not hinge on revocation timing; apply to concurrent sentences. |
Key Cases Cited
- Marden v. Walton, 142 Vt. 204 (Vt. 1982) (credit limited when time is tied to later offense and consecutive sentence)
- Blondin, 164 Vt. 55 (Vt. 1995) (time spent in custody credited toward earlier sentence when second sentence is concurrent or consecutive)
- Sommer, 2011 VT 59 (Vt. 2011) (rule for reviewing sentence legality under 13 V.S.A. § 7031(b))
- Oscarson, 2006 VT 30 (Vt. 2006) (de novo review standard for sentence reconsideration under § 7031(b))