State v. Sheperd

2011 VT 44, 21 A.3d 694, 189 Vt. 636, 2011 Vt. LEXIS 41

Opinions

¶ 1. Defendant seeks full-Court review of a previous single-justice decision requiring a waiver “on the record in open corut,” pursuant to V.R.A.P. 3(b)(2), before this Court will accept the parties’ stipulation to dismissal of this automatic appeal from a sentence of life imprisonment. We conclude that Rule 3(b)(2) applies regardless of whether a defendant sentenced to life imprisonment seeks to waive the right to an automatic appeal before or after the appeal is docketed in this Court. Accordingly, we will not accept the parties’ stipulation to dismissal of this appeal unless defendant waives the right to appeal on the record in open court. That requirement may be satisfied through a video or telephonic conference.