State v. Katon

719 A.2d 430, 168 Vt. 274, 1998 Vt. LEXIS 246
CourtSupreme Court of Vermont
DecidedSeptember 4, 1998
DocketNo. 96-359
StatusPublished
Cited by8 cases

This text of 719 A.2d 430 (State v. Katon) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Katon, 719 A.2d 430, 168 Vt. 274, 1998 Vt. LEXIS 246 (Vt. 1998).

Opinions

Skoglund, J.

Defendant Philip J. Katon, who pleaded nolo contendere to a charge of domestic assault, appeals from the order of the district court revoking his probation and imposing the underlying sentence. Defendant contends that his right to due process of the law was abridged when his probation was revoked after he was found ineligible to participate in a program required as part of his probation. We affirm.

In February 1995, based on an agreement with the prosecution, defendant pleaded nolo contendere to a charge of domestic assault. The charge was supported by the arresting officer’s affidavit of probable cause, which stated that defendant “slapped [the woman with whom he was living] in the area of her upper chest, causing her pain.” The affidavit also included allegations that defendant was intoxicated at the time, that he had grabbed the victim, and that he had pushed the victim several times.

As part of the V.R.Cr.P 11(c) colloquy, the court informed defendant that by pleading nolo contendere he was giving up his right to have the State prove beyond a reasonable doubt each of the elements of the domestic assault charge. Further, the court read the charge to defendant: “the charge is that on November 21, 1994, you were a person who recklessly caused bodily injury to a household member, to wit (the victim), by slapping her in violation of 13 V.S.A. § 1042.” Defendant pleaded no contest to this charge.

After accepting defendant’s plea, the court issued a suspended sentence and placed defendant on probation. One of defendant’s conditions of probation was that he participate fully in any program to which he was referred by the court or his probation officer. In addition, the court imposed a special condition that defendant complete the Domestic Abuse Education Program (DAEP).

In May 1996, at the intake interview for DAER defendant refused to admit the assaultive behavior to the program counselor. In addition, defendant refused to admit to other incidents and allega[276]*276tions contained in the affidavit of probable cause. Consequently, he was refused entrance into the program.

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Related

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2020 VT 65 (Supreme Court of Vermont, 2020)
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2017 VT 79 (Supreme Court of Vermont, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
719 A.2d 430, 168 Vt. 274, 1998 Vt. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-katon-vt-1998.