State v. Nelson

742 A.2d 1248, 170 Vt. 125, 1999 Vt. LEXIS 332
CourtSupreme Court of Vermont
DecidedNovember 12, 1999
Docket97-385 & 97-486
StatusPublished
Cited by18 cases

This text of 742 A.2d 1248 (State v. Nelson) 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. Nelson, 742 A.2d 1248, 170 Vt. 125, 1999 Vt. LEXIS 332 (Vt. 1999).

Opinions

Amestoy, C.J.

In these consolidated appeals from convictions for driving while intoxicated and negligent operation of a motor vehicle, with fatality resulting, defendant challenges the imposition of a condition of probation that prohibits him from operating a motor vehicle during the probationary period. Specifically, defendant contends the court was without authority to restrict his operating privileges for a period in excess of the mandatory one-year license suspension imposed by statute. We disagree and, accordingly, affirm.

The material facts are not in dispute. The case arose when the motor vehicle which defendant was driving collided head-on with another vehicle, killing the driver and two passengers in the other car, and injuring a third passenger. Defendant and his passenger were also seriously injured. Defendant v/as nineteen years old, and his blood alcohol concentration at the time of the accident was later determined to be .236%, nearly three times the legal limit.

Defendant entered guilty pleas to one count of driving while intoxicated with fatality resulting, and one count of careless and negligent operation of a motor vehicle with fatality resulting. The trial court imposed a sentence of three-to-thirty years, all but three suspended, and imposed multiple conditions of probation, including that defendant seek and obtain employment or participate in vocational training, submit to alcohol testing and attend alcohol counseling, refrain from purchasing or possessing alcoholic beverages, limit his associates and observe a curfew if ordered by his probation officer, make at least nine presentations per year to local high schools and middle schools, and refrain from operating a motor vehicle.

[127]*127Defendant subsequently moved for reconsideration of sentence on the ground, among others, that the court lacked authority to restrict defendant’s driving for longer than the mandatory one-year suspension period under 28 V.S.A. § 1206(b). The court denied the motion. Defendant filed notices of appeal from the original sentencing order and from the denial of his motion for reconsideration, which we consolidated for purposes of review.

The record reveals that the restriction on defendant’s operating privileges was an important component in the overall matrix of probation conditions imposed by the court; it would sharply limit defendant’s ability to obtain alcohol for himself or others, impede his opportunities to leave the jurisdiction and thereby avoid compliance with his other conditions of probation, and provide a vivid and ongoing testimonial to the high school students whom he was required to address on the consequences of drunk driving.

Defendant nevertheless contends that the condition contravened the statutory DUI scheme and violated the constitutional separation of powers doctrine. See Vt. Const. ch. II, § 5. It is argued that by providing for a mandatory one-year suspension of a driver’s license for DUI with a fatality resulting, and vesting the Commissioner of Motor Vehicles with the exclusisve authority to calculate suspensions and revocations in accordance with applicable law, see 23 V.S.A. § 1201c, the Legislature impliedly preempted the court’s probationary power to limit defendant’s operating privileges for longer periods. On the contrary, virtually nothing in the statutory scheme, the language, or the legislative history of 23 V.S.A. § 1201c demonstrates a legislative intent to constrain the court’s traditional authority to impose reasonable probationary conditions in this area. Indeed, as explained more fully below, the probation condition in this case was entirely consistent with the legislative scheme, the Vermont Constitution, prior case law, and the court’s traditional sentencing discretion.

This and other courts have long held that the “separation of powers doctrine does not contemplate an absolute division of authority among the three branches such that each branch is hermetically sealed from the others.” In re D.L., 164 Vt. 223, 228, 669 A.2d 1172, 1176 (1995); see also Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635 (1952) (Jackson, J., concurring) (Constitution “enjoins upon its branches separateness but interdependence, autonomy but reciprocity”). The practical demands of governance necessarily require “a certain amount of overlapping or blending of the powers.” [128]*128D.L., 164 Vt. at 229, 669 A.2d at 1176. Accordingly, we apply a relatively forgiving standard to separation-of-power claims, tolerant of such overlapping institutional arrangements short of one branch virtually “usurp[ing]” from another its constitutionally defined function. Id.; see also Nixon v. Administrator of Gen. Servs., 433 U.S. 425, 443 (1977) (proper inquiry focuses on extent to which challenged action prevents coordinate branch from accomplishing its constitutionally assigned functions).

Criminal sentencing is a quintessential example of shared responsibility among the separate branches of government. The legislature prescribes the penalty and the manner of its enforcement; the courts impose sentence within the limits prescribed by the legislature; and the executive grants paroles and pardons. See State v. Borrell, 482 N.W.2d 883, 889 (Wis. 1992) (discussing shared governmental responsibility in sentencing). Within this tripartite system, however, the imposition of sentence and the exercise of sentencing discretion have long been recognized as “fundamentally and inherently judicial functions.” People v. Navarro, 497 P.2d 481, 487 (Cal. 1972). A trial court’s decision, in particular, to suspend a criminal sentence and impose conditions of probation under 28 V.S.A. § 252 represents an essential tool in the court’s ability to shape a criminal sentence to the rehabilitative needs of the individual defendant. See State v. Hale, 137 Vt. 162, 164, 400 A.2d 996, 998 (1979) (purpose of probation is rehabilitative, to provide opportunity for defendant to voluntarily condition his or her behavior to requirements of law).

Indeed, from as early as 1898, trial courts in Vermont have enjoyed broad statutory authority to suspend all or part of a criminal sentence and place the defendant on probation with such terms and conditions “as the court in its discretion deems reasonably necessary to ensure that the offender will lead a law-abiding life or to assist him to do so.” 28 V.S.A. § 252(a); see also 1898, No. 128, § 2 (trial court may impose probation “for such time and upon such conditions as it may prescribe”); State v. Barnett, 110 Vt. 221, 231, 3 A.2d 521, 525 (1939) (courts traditionally “allowed wide discretion” in imposing conditions of probation). While not without limitation, a trial court’s discretion in this context is expansive, and will generally be upheld if the probation condition is reasonably related to the crime for which the defendant was convicted. See State v. Whitchurch, 155 Vt. 134, 137, 577 A.2d 690, 691-92 (1990); see also State v. Emery, 156 Vt.

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State v. Nelson
742 A.2d 1248 (Supreme Court of Vermont, 1999)

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Bluebook (online)
742 A.2d 1248, 170 Vt. 125, 1999 Vt. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nelson-vt-1999.